Sociological Jurisprudence In India Through The Lens Of Roscoe Pound: The Olga Tellis Case And Beyond
- IJLLR Journal
- May 17
- 1 min read
Ananya Das, National Law University and Judicial Academy, Assam
ABSTRACT
This paper critically examines the use of sociological jurisprudence within Indian constitutional adjudication, with particular focus on Roscoe Pound’s theory of Social Engineering as its central theoretical framework. Sociological jurisprudence, which advocates that law must respond to the social, economic, and political conditions of the time, has significantly influenced the Indian judiciary’s interpretive approach in public interest litigation. It argues that while Indian courts have increasingly invoked social reasoning- most notably in Olga Tellis v. Bombay Municipal Corporation- their judgments often reflect a normative commitment to balancing competing societal interests. However, this paper contends that the judicial embrace of sociological jurisprudence has remained largely doctrinal, with insufficient mechanisms for monitoring or enforcing the social outcomes such decisions seek to engineer. Through case studies such as Sudama Singh v. Government of NCT of Delhi, the analysis reveals a recurrent judicial pattern: progressive pronouncements that align with sociological theory, followed by institutional inaction or executive non-compliance. The study argues that this disjunction between jurisprudential vision and socio-legal reality undermines the transformative potential of sociological jurisprudence in the Indian context.
Keywords: Sociological Jurisprudence, Roscoe Pound, Social Engineering, Judiciary, Olga Tellis case.
