The Natural School of Law is one of the oldest and most influential schools of legal thought, emphasizing that law is not just a creation of man but is rooted in morality, reason, and justice, derived from the very nature of human beings. According to this school, every individual possesses certain inalienable rights by virtue of being human, and laws should be designed to protect these rights rather than suppress them through arbitrary authority.
In modern times, the principles of natural law continue to play a significant role in shaping legal systems across the world, including the Indian legal system. These principles form the foundation of constitutional law, human rights, judicial decisions, and international legal frameworks.
Key Significance of Natural School of Law in the Modern Legal System:
1. Foundation of Human Rights
The entire framework of human rights and fundamental rights in modern democracies is built on the ideas of natural law. It recognizes that certain rights, such as life, liberty, and equality, are inherent and cannot be taken away by any authority.
Example:
- Articles 14 to 32 of the Indian Constitution, which guarantee fundamental rights to citizens, are based on natural law principles.
- Article 21 ensures the right to life and personal liberty.
Case Study: In Maneka Gandhi v. Union of India (1978), the Supreme Court of India ruled that the right to life and liberty cannot be curtailed by arbitrary state action, reinforcing that laws must protect inherent human dignity and fairness.
2. Influence on Constitutional Law
The Preamble to the Constitution of India, with its focus on justice, liberty, and equality, reflects the influence of natural law. The Constitution is not just a document of rules but a moral framework that upholds the principles of fairness and justice.
Case Study: In the landmark case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court laid down the Basic Structure Doctrine, asserting that the essential elements of the Constitution, such as justice and equality, cannot be altered. This judgment upholds the natural law belief that certain principles are eternal and non-negotiable.
3. Protection Against Unjust Laws
Natural law principles empower courts to strike down arbitrary, unfair, and unreasonable laws. The doctrine of judicial review enables judges to test whether a law conforms to constitutional morality and reason.
Case Study: In State of West Bengal v. Anwar Ali Sarkar (1952), the Supreme Court invalidated a discriminatory law allowing arbitrary classification in criminal trials, holding that such a law violated Article 14 and the principles of equality and fairness.
4. Development of International Law
Natural law has shaped the development of international human rights instruments and treaties. The belief that all humans are entitled to certain fundamental rights regardless of nationality has led to the establishment of global legal frameworks.
Example: The Universal Declaration of Human Rights (1948) is based on the principles of natural justice and equality.
International Example: The International Court of Justice (ICJ) often invokes principles of natural justice in resolving disputes between nations, ensuring fairness and equity at the international level.
5. Guiding Tool for Judges
In cases where statutes are silent or ambiguous, judges often rely on natural law principles to deliver justice. The Doctrine of Natural Justice, comprising audi alteram partem (right to be heard) and nemo judex in causa sua (no one can be a judge in their own cause), is applied in judicial and administrative decisions to ensure fairness.
Case Study: In A.K. Kraipak v. Union of India (1969), the Supreme Court applied the principles of natural justice, ruling that administrative decisions must be free from bias and adhere to fairness, even if not explicitly mentioned in law.
Conclusion
The influence of the Natural School of Law continues to resonate in modern legal systems across the world. It provides a moral and ethical foundation for laws, ensures protection of fundamental rights, guides judicial decision-making, and promotes fairness both domestically and internationally. In a world where legal systems constantly evolve, natural law acts as a compass that points toward justice, fairness, and universal human dignity.
