Kaushal Kishor V. State Of Uttar Pradesh (2023): An Analysis Through H.L.A. Hart’s Legal Positivism
- IJLLR Journal
- Dec 12, 2025
- 1 min read
Aparna M.P., Maharashtra National Law University, Mumbai
ABSTRACT
The Supreme Court of India’s decision in Kaushal Kishor v. State of Uttar Pradesh (2023) re-examines the constitutional relationship between law, morality, and judicial function. The central propositions of H. L. A. Hart’s legal positivism are embodied in the judgment which affirms moral lapses in a minister’s private speech does not always attract constitutional liability. This paper analyses the reasoning of the Court through Hart’s theoretical framework: the rule of recognition, the separation of law and morality, and judicial discretion in hard cases. It also contrasts the natural-law and Dworkinian approaches that view morality as integral to legal interpretation with Court’s positivist restraint. The analysis exhibits that Kaushal Kishor portrays a persistent positivist adherence to constitutional text and institutional authority within India’s expanding rights jurisprudence.
