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    Plagiarism Scan Report: Content Checked For Plagiarism

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    Sharvari Purandare

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    Plagiarism Scan Report: Content Checked For Plagiarism

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    Sharvari Purandare
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    4 views4 pages

    Plagiarism Scan Report: Content Checked For Plagiarism

    Uploaded by

    Sharvari Purandare

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    PLAGIARISM SCAN REPORT

    Date May 14, 2024

    Exclude URL: NO

    Unique Content 00 Word Count 946

    Plagiarized Content 00 Records Found 0

    CONTENT CHECKED FOR PLAGIARISM:

    LEGAL PERSPECTIVE OF LAW AND LEGAL OPINION

    Law and Public Opinion

    There is a close relationship between law and public opinion. In these days of Democracy, the most important

    source of law is the legislature, a body of people’s representatives. Thus body represents the public will.

    It is true, that the people do not frame the laws directly but we should not forget that they elect their

    representatives to the legislature. Their representatives should not, and do not go against the will of people

    who are the electors.

    When these electors, or the general public, want specific laws replaced or changed, their elected

    representatives do what is necessary to carry out their wishes. In this way, it is quite transparent to see that

    the law and public opinion are inextricably linked as laws reflect the people’s will. It is the public opinion that

    determines the laws that have to be enacted.

    Now, if the general public does not accept a statute, it becomes ineffective and very difficult to enforce. For

    example the recent conflict between the government and the farmers because of the three farm laws Farmers'

    Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, Farmers (Empowerment and

    Protection) Agreement on Price Assurance and Farm Services Act, 2020, Essential Commodities

    (Amendment) Act, 2020 which were passed in September These laws are not getting supported by the

    general public opinion.

    Public opinion refers to the views and beliefs held by members of the general public, while law refers to the
    set of rules and regulations that are enforced by the state or other governing bodies. In a democratic society,

    public opinion can play a significant role in shaping the law.

    It is self-evident to say that legislative powers are essentially vested in the people, and that the public’s

    general opinion must find its way into lawmaking, and that this opinion should be expressed through

    appropriate constitutional organs.

    Factors deciding variations in public opinion and Law:

    ? Legal Precedents and Social Change:

    Landmark judgments by the Indian judiciary, such as Kesavananda Bharati v. State of Kerala, have played a

    pivotal role in shaping public discourse and catalyzing social change. Decisions pertaining to issues like

    affirmative action, environmental protection, and personal freedoms have significantly influenced public

    attitudes and perceptions.

    ? Legislative Initiatives and Policy Reforms:

    Acts of Parliament, such as the Right to Information Act (RTI) and the Goods and Services Tax (GST) Act,

    have been instrumental in addressing public grievances and addressing societal concerns. Public opinion

    often influences the formulation and amendment of laws, as evidenced by the recent debate surrounding the

    Citizenship Amendment Act (CAA).

    ? Law Enforcement and Judicial Processes:

    Public trust in law enforcement agencies and the judiciary is essential for the effective functioning of the legal

    system. Instances of police brutality, delays in the delivery of justice, and corruption within the judiciary can

    erode public confidence and shape negative perceptions of the legal system.

    Factors that create an impact on Public Opinion about Law

    ? Media and Opinion Formation:

    Traditional and digital media platforms play a crucial role in shaping public opinion on legal issues.

    Sensationalized reporting, biased narratives, and misinformation can distort public perceptions of legal

    matters and influence public opinion.

    ? Social Activism and Legal Advocacy:

    Civil society organizations and grassroots movements in India have been instrumental in advocating for legal

    reforms and social justice. Public mobilization around issues such as gender equality, environmental

    conservation, and LGBTQ+ rights has led to legislative and judicial interventions.

    Importance of Public opinion under Indian Constitution

    Public opinion plays a significant role in shaping governance and policy-making under the Indian Constitution.

    Here are several key reasons why public opinion is important:


    1. Democratic Governance: India is the world's largest democracy, and public opinion is fundamental to its

    functioning. In a democracy, the government derives its authority from the consent of the governed. Public

    opinion reflects the will of the people and serves as a vital mechanism for holding elected representatives

    accountable.

    2. Policy Formulation: Public opinion serves as a barometer of societal preferences and concerns. Elected

    representatives and policymakers often gauge public sentiment to formulate policies that align with the needs

    and aspirations of the people. Public feedback informs decision-making processes across various sectors,

    including education, healthcare, and economic development.

    3. Legitimacy: Policies and laws enacted with the support of public opinion tend to have greater legitimacy and

    acceptance among the populace. Public buy-in enhances the credibility of governmental actions and fosters a

    sense of trust between the government and the governed.

    4. Social Cohesion: Public opinion can contribute to fostering social cohesion by promoting dialogue,

    understanding, and consensus-building among diverse segments of society. By soliciting and respecting

    differing viewpoints, policymakers can address societal challenges in a manner that promotes unity and

    inclusivity.

    5. Checks and Balances: Public opinion serves as a check on governmental power and can act as a

    counterbalance to entrenched interests. Through mechanisms such as elections, public protests, and media

    scrutiny, citizens can hold their leaders accountable and demand transparency, responsiveness, and

    accountability in governance.

    6. Constitutional Values: The Indian Constitution enshrines principles of justice, equality, and liberty. Public

    opinion can serve as a catalyst for advancing these constitutional values by advocating for progressive

    reforms, safeguarding individual rights, and promoting social justice initiatives.

    7. Dynamic Society: India is a diverse and dynamic society with evolving socio-economic, cultural, and

    political dynamics. Public opinion reflects the changing needs and priorities of society and provides

    policymakers with valuable insights into emerging trends and issues.

    Overall, public opinion under the Indian Constitution is integral to the functioning of a vibrant democracy,

    ensuring that governance remains responsive, inclusive, and accountable to the people it serves.

    MATCHED SOURCES:
    Report Generated on May 14, 2024 by Editpad.org

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