INTRODUCTION

Natural law theory is one of the oldest theories among all the theories. Thus these laws are
popularly said to be god made laws. It is said to be emanated from supreme source as observed
by many jurist and philosophers. Legal thinkers have expressed diverse views on behalf of
natural law. Natural law philosophy dominated the Greece during 5th century BC when it was
believed it was eternal to man. Sophist calls it as an order of things embodies reason.

Natural law theory is a philosophical and legal belief that all humans are governed by basic
innate laws, or laws of nature, which are separate and distinct from laws which are legislated.
Legislated laws are sometimes referred to as positive laws in the framework of natural law
theory, to make a clear distinction between natural and social laws. This theory has heavily
influenced the laws and governments of many nations, including England and the United States,
and it is also reflected in publications like the Universal Declaration of Human Rights.

The origins of natural law theory lie in Ancient Greece. Many Greek philosophers discussed and
codified the concept of natural law, and it played an important role in Greek government

Later philosophers such as St. Thomas Aquinas, Thomas Hobbes, and John Locke built on the
work of the Greeks in natural law theory treatises of their own. Many of these philosophers used
natural law as a framework for criticizing and reforming positive laws, arguing that positive laws
which are unjust principles of natural law are legally wanting. The entire history of natural law
reveals an attempt by the jurists to provide the concept and contents of natural law in human
existence.

There are numerous branches of this theory, some of which are quite complex. Many of these
branches use natural law as a framework for discussing positive law, and some of these branches
are actually built into legal systems. In England, for example, members of parliament may appeal
to natural law theory in settling disputes, in the form of the Fundamental Laws of England, a
series of basic rights set out by William Blackstone in the 1760s.
At the outset, it is important to distinguish two kinds of theory that go by the name of natural
law. The first is a theory of morality that is roughly characterized by the following theses. First,
moral propositions have what is sometimes called objective standing in the sense that such
propositions are the bearers of objective truth-value; that is, moral propositions can be
objectively true or false.

The second thesis constituting the core of natural law moral theory is the claim that standards of
morality are in some sense derived from, or entailed by, the nature of the world and the nature of
human beings. St. Thomas Aquinas, for example, identifies the rational nature of human beings
as that which defines moral law: "the rule and measure of human acts is the reason, which is the
first principle of human acts"

But there is another kind of natural law theory having to do with the relationship of morality to
law. According to natural law theory of law, there is no clean division between the notion of law
and the notion of morality. Though there are different versions of natural law theory, all
subscribe to the thesis that there are at least some laws that depend for their "authority" not on
some pre-existing human convention, but on the logical relationship in which they stand to moral
standards. Otherwise put, some norms are authoritative in virtue of their moral content, even
when there is no convention that makes moral merit a criterion of legal validity. The idea that the
concepts of law and morality intersect in some way is called the Overlap Thesis.
 Development of natural law theory:-

A brief discussion on natural law theory shall be presented in the historical order to give an idea
of the various ideologies that it tried to establish from time to time and its effect on law. Natural
law theories may be broadly divided into four classes:-

a) Ancient period

b) Medieval period

c) Period of renaissance

d) Modern period

a) Ancient Period:-

The concept of natural law theory was developed by Greek philosophers around 4th century BC
and laid down the essential features.

Heraclitus:-

Heraclitus was the first Greek Philosopher who pointed three main characteristics of natural law
namely, destiny, order and reason. He stated that nature is not scattered heap of things but there is
a definite relation between things and a definite order and rhythm of events. According to him
reason is one of the essential elements of the natural law. The instability and frequent changes
in the early small states of Greece made legal philosophers to think that law was meant to serve
the interest of those who were in power and the people are continually struggling for better life.
This unstable political condition gave birth to idea of natural law.

Socrates
Socrates said that like natural physical law there is a natural law. Man possesses insight which
reveals to him the goodness and badness of things and makes him to know the absolute and
eternal moral rules. This human insight is the basis to judge the law. Socrates did not say if the
positive law is not in conformity with moral law it would be disobeyed. According to him it was
rather appeal of insight to obey it and perhaps that was why he preferred to drink poison in
obeyance to law than to run away from the prison. This theory was a plea for security and
stability which was one of the principle needs of the age. His people Plato supported the same
theory but it is in Aristotle that we find a proper elaboration of the theory.

Aristotle

According to him man is a part of nature in two ways first he is the part of the creature of god
and second he posses active reason by which he can shape his will. By his reason men can
discovered the eternal principles of justice the mens region being the part of nature the law
discovered by reason is called natural justice. Aristotle defines natural justice as that which
everywhere has the same force and that not exist by the people thinking this or that. So far as its
relation which positive law or legal justice is concern, he said that legal justice in that which is
originally indifferent but when it has been laid down is not indifferent.

Plato

Socrates disciple plato carried further the natural law theory further through his concept of ideal
state which he termed as republic. He contented that only intelligent and worthy person should
be king. He argued that justice lies in ordinating means life through reason and wisdom and
motivating him to control his passion and desires. In his republic Plato emphasize the need for
perfect division of labour and held that each men oath to do his work which he is called upon by
his capacities. According to plato law of states are a pale shadow of an absolute idea of an
perfect laws against which man made law may be measured.
Medieval Period

This period starts from 12th century to mid 14th century in the European history. This period was
dominated by Ecclesiastical doctrines which the Christian fathers propagated for establishment
of church over the states. The Christian saints especially Ambrose, St. Augustine and Gregory
propagated a view that divine law was superior to all other laws. According to them all laws are
either divine or human.
St. Thomas Aquinas defined the law as an ordinance of reason for the common good made by
him who has the care of the community and promulgated through reason he classified law as:- i)
Law of God or external law, ii) Natural law revealed through reason, iii) Divine law or law of
scriptures, iv) Human laws which we now called Positive law.

Period of Renaissance

This period in the history of development of natural law may also be called the modern classical
era which is marked by rationalism and emergence of new ideas in different fields of knowledge.
General awakening among the masses coupled with new discoveries of science during the 14th
and 15th centuries shattered the foundation of the established values. The natural law theory
propounded by Hugo Grotious, Locke and Rousseau revolutionised the existing institutions and
held that social contract was the basis of the society.
Modern Period

The natural law theory received a set back in the wake of 19th century pragmatism. The
profounder of analytical positivism, notably Bentham and Austin rejected natural law on the
ground that it was ambiguous and misleading. Bentham called it a simple nonsense since
absolute equality and absolute liberty were repugnant to the existence of the state. The doctrines
propagated by Austin and Bentham completely divorced morality from law. All these
developments shattered the very foundation of the natural law theory in 19th century. Latter in
the 21st century there was revival of natural law school where jurist like Stammler, Fuller and
Finnis had made their contribution towers the revival of this school.

Natural Law theory and its influence in Indian laws relating to Fundamental rights
{ Article 14,19 and 21} and case laws relating to it:-

In Indian laws especially in Indian constitution there has been a largely impact of natural law
theory. The articles like Article 14,19and 21 has been widen widely interpreted in the Indian
scenario especially by the Indian judiciary. This could be found through the case laws

In the case of Air India V/S Nargis Mirza the Supreme Court had struck down the Air India and
Indian Airlines regulations on the retirement and pregnancy bar on the services of airhostess as
unconstitutional on the ground that the regulations were arbitrary and unconstitutional under
Article 14 of the Indian constitution.

Now if one analyzes Stammlers four point principle with special reference to principles of
respect : 1) the content of the persons volition must not be against the arbitrary will of another.
Thus in this case the natural law theory has been applied by Indian Judiciary.
In the case of Maneka Gandhi V/S Union of India the meaning and content life and personal
liberty under article 21 of Indian constitution came up for consideration and the supreme court
held that the law established by the state should be just fair and reasonable .
If one analyses the judgement one would find reference of LOCKES theory whereby the natural
rights of man such as right to life, liberity and property remained with him. So in Meneka
Gandhi case also the natural law theory principles could be evolved.

In case of Indian Express Newspaper V/S Union of India the theory of Rousseau in
which he mentioned of freedom and liberity (freedom of speech and expression) has been
applied, the Rousseaus theory of freedom of speech and expression was said to be natural right
of every citizen by the Supreme court which is also been conferred upon under Article 19 of
Indian constitution, wherein the freedom of speech and expression is said to be among the basic
right of a human being to live in a society with dignity.
To guarantee and promote fundamental rights and freedoms of the citizens and the respect for the
principles of the democratic state based on rule of law. The popular Habeas Corpus case ADM
Jabalpur V/S Shivakant Shukla is one of the important cases when it comes to rule of law. In
this case the question was whether there was any rule of law in india apart from article 21. This
was in context of suspension of enforcement of Art. 14, 21 and 22 during the proclamation of
emergency. The answer is even in absence of article 21 of constitution the right to life and liberty
of a person could not be deprived without authority of law. Without such sanity of life and liberty
the distinction between lawless society and one governed by laws would cease to have meaning.
Thus in this case Stammlers four point principle with special reference to principles of respect
: 1) the content of the persons volition must not be against the arbitrary will of another. Thus in
this case the natural law theory has been applied by Indian Judiciary.
Moreover the fundamental rights conferred under Indian constitution have a large base in natural
law theory. Almost all the fundamental rights conferred under Indian constitution relates to
natural law as all the fundamental right are the basic rights of a human being which the natural
law theory tries to confer upon the society since age of Greeks. All the thinking of those theorists
under natural law theory have influenced Indian laws to a large extent, not only fundamental
right but even many more provisions under Indian constitution are influenced by the natural law
theory.
 Criticism:-

The natural law is based on reason, law could not be based only on reason but instead legislature
and other source should also be considered. The tradition, customs moral values, judge made
laws, society also should be taken into account which is not emphasised in natural law theory.
During the Medieval Period wherein church was the absolute to make rules or law whereby they
said that Law is divine and made by God himself is not acceptable to many theorists according to
medieval period theorist the church made laws are supreme and laws are Law of God or external
law divine law or law of scriptures is not justified as those era Church tried dominating the
whole of Europe saying the supremacy of law rather it is made by the Church fathers and it may
be called as law made by fathers. Although law may be of a divine origin but all laws in the
society could not be made by divine, even society makes law by its customs and traditions.

As Thomas Aquinas said that law is a law of God or eternal law but we see the legal implications
in modern world the God made laws although playing an important role in legal system but it is
not extensive as he have failed to give light on the scope of modern scenario where the Judge
made law, customary laws, king made laws has its own role to play. Thomas Hobbes natural law
theory of self-preservation of person and property and his saying of endowing the rights to
absolute authority is not justified as we had seen in the past events that endowing the absolute
power to authority leaves peoples in tyranny or monarchy where the absolute power had spoiled
many societies in the history and if it is implied in the present day the same situation may replay.
The monarch may exploit the society for his selfish needs. Thus Thomas Aquinas saying of
giving absolute power is not much applicable in the modern society. As modern society needs
everyone to be equal wherein giving absolute power to some authority may create chaos in the
society. It may also lead to revolution as we have seen that after any vesting of absolute power to
any authority the authority tries to exploit the subjects thus the revolution starts among the
subjects to being down the absoluteness of power vested in the authority.
For eg:- In India the theory was applied in the old age wherein the poor farmers took shelter for
protection under the Jamindars to escape from being killed or exploited by others. The Jamindars
as time passed became very powerful and they became the absolute power authority as the
absolute rights of the famers are being vested in them. Jaminders had started to exploit the poor
farmers and took away land and amenities leaving nothing to them but to get more exploited in
hands of those Jaminders. Thus then the revolution against the Jaminders had started wherein all
the poor farmers being exhausted of all the atrocities by those Jamindars came along. They tried
to take back their rights which were endowed to the Jaminders for their protection.
Thus it is evident from the history that giving absolute power to an authority results in being
exploited by that authority. So we can say that Thomas Hobbes is not justified in saying of
endowing absolute power to an authority which may lead to abuse of power by that authority.
Indian constitution provides for emergency provisions wherein Fundamental rights are being
curtailed.
Fundamental rights being the natural rights or the most essential rights for human existence like
freedom of speech and expression and many other rights being curtailed. Thus sometimes the
theory of natural law is being denied as for the wellbeing of the society. Other than the above
rights even right to life is being the most essential right as natural law is infringed by way of
Special power for armed forces(Special power)Act 1958. Which depicts that natural law
theories are not excusive but some act should be done against it for the welfare of the society.
 Conclusion

Apart from its criticism the use of natural law has been prevalent since ages, even in the present
legal system the natural law is used extensively. The modern judicial system have been founded
on the British Pattern the fine principles of equality, justice and good conscience and natural
justice occupy an importance in Indian law. The higher values of universal validity,
righteousness, duty, service to mankind, sacrifice, non-violence etc were already incorporated in
ancient legal system . The principles of natural law are embodied in dharma referred to duties of
man towards gods, sages, man and lower animals and creatures. It has been characterised as a
belief in conservation of moral values. During the medieval period and British period in India
natural law found its expression in religious preaching of Ramanuja, Sankara, nanak, swami
Ramakrishna etc. During the Mughal period there was a temporary clash between the
philosophies but after British invasion of India they tried to imply their laws over here, they
started codification of laws denying the supremacy of old Indian laws.
As due to long rule of British in india and incorporation of their rules in here certain principles of
English Natural law found its place in Indian laws. The principle of natural justice, the doctrine
of bias, judicial review, reasoned decision and many other precepts of administrative laws are
based on natural law.
It is also finds a prominent place in Directive principles of state policy and the fundamental right
under Indian constitution in which various rights and duties are put up by the framers. The
principles against double jeopardy and prohibition against self-incrimination embodies the
principles if natural law theory.
In various landmark judgement delivered by Supreme Court of India the Supreme Court sleeked
the help of Natural Law theory. The principle of natural justice was earlier confined to only
judicial and quasi-judicial enquires and did not extent to administrative actions. But with the
decision in Meneka Gandhis case the scope of natural justice extends to administrative actions.
It is for the attainment of justice with regard to administrative functions.
The legal Administrative Tribunals, Family Courts, Consumer Redressal, Lok adalats, Human
right commission, womens commission etc. Has been introduced by Indian legal system to
provide social justice and speedy relief to aggrieved persons against injustices. The Supreme
court contribution to human right jurisprudence though judicial activism and public interest
litigation. These new developments is evident of the fact that principles of natural law and justice
embody higher values of life, liberty, equality and justice have gained increasing importance in
Indian legal system.
Thus we can say that although the theory of natural law is said to be vague and sometimes
irrational but in Indian legal system the implication of Natural law theory has a great role to play.
 Refrences

Books

1) Jurisprudence, Fifth Edition- By RWM Dias.

2) The constitutional law of india- By Dr. JN Pandey
3) Jurisprudence Legal Theory- By Mani Tripathi
4) The constitution of India- By MP Jain

Web Sources

1) Indiankanoon.com
2) legalservicesindia.com