Ambika Sharma, Delhi Metropolitan Education (Affiliated to GGSIPU)
ABSTRACT
“The Law cannot acquire legitimacy and gain social acceptance unless it accords with the moral values of the society and the constant endeavor of the courts and the legislature, must, therefore, be to close the gap between law and morality and bring about as near an approximation between the two as possible.” ~ P.N. Bhagwati J
What falls from the House of Lords, may not necessarily be just, equal, and good. Law in a democratic nation is a command of the sovereign as opined by Austin. However, this command can be coercive and draconian at times.
Jurists, academicians, lawyers, and judges often have questions as to what constitutes as a good law? Is it a law that is engrained in rationality a just law or a law that shares moral DNA is a just law.
The acceptance of law by people at large is an interplay of Law & Morality. However, what may be viewed morally illegal may not necessarily be legally unjust. Therefore, it is important to understand whether the view of the positivists to devoid law of morality is a reasoned proposition or the view of the non-Positivist to view morality and law as sharing a common compass an important debate the author tries to debug in this research paper.
Keywords: Constitutional Morality, Plural Society, H.L.A. Hart
