THE CONCEPT OF LEGAL PERSONALITY: ITS EVOLUTION AND APPLICATION IN INDIAN JURISPRUDENCE

INDIAN JOURNAL OF LEGAL REVIEW

THE CONCEPT OF LEGAL PERSONALITY: ITS EVOLUTION AND APPLICATION IN INDIAN JURISPRUDENCE

THE CONCEPT OF LEGAL PERSONALITY: ITS EVOLUTION AND APPLICATION IN INDIAN JURISPRUDENCE

AUTHOR – SOUVAGYO BANERJEE, SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BENGALURU

BEST CITATION – SOUVAGYO BANERJEE, THE CONCEPT OF LEGAL PERSONALITY: ITS EVOLUTION AND APPLICATION IN INDIAN JURISPRUDENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 169-176, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

To be a legal person is to be the subject of rights and duties.

To confer legal rights or to impose legal duties, therefore, is to

confer legal personality.[1]

The concept of legal personality is a foundational principle in jurisprudence, determining who or what can possess rights and duties under the law. This paper examines the evolution of legal personality, its theoretical underpinnings, and its application in Indian jurisprudence. It explores how Indian law recognizes legal personality, including its extension to non-human entities such as idols, corporations, and rivers. Through an analysis of case laws, the paper critically evaluates the adequacy of existing legal frameworks in addressing contemporary challenges. The study concludes with recommendations for legal reforms to better accommodate emerging issues, such as the recognition of artificial intelligence and environmental entities as legal persons.

Keywords: Legal Personality, Indian Jurisprudence, Idols, Corporations, Rivers, Artificial Intelligence.


[1]Gray, The Nature and Sources of The Law (2d Ed. 1921) 27; Salmond, Jurisprudence (5th Ed. 1916) 272; Holland, Jurisprudence (9th Ed. 1900) 88; Pollock, A First Book of Jurisprudence (1923) 114.