Role of Legal Positivism in Democratic Governance in India

International Journal of Humanities and Social Science

© 2017 by SSRG - IJHSS Journal

Volume 4 Issue 6

Year of Publication : 2017

Authors : Dr. Jai Mala and Seema Rani

10.14445/23942703/IJHSS-V4I6P104

How to Cite?

Dr. Jai Mala and Seema Rani, "Role of Legal Positivism in Democratic Governance in India," SSRG International Journal of Humanities and Social Science, vol. 4,  no. 6, pp. 16-19, 2017. Crossref, https://doi.org/10.14445/23942703/IJHSS-V4I6P104

Abstract:

The element of good governance is designed by the rule of law. The doctrine „rule of law‟ has very broad prospective, because it concentrate on justice, liberty and fairness. Good Governance is prerequisite for democracy. Such governance includes some factors such as transparency, accountability, rule of law and people‟s participation. Legal Positivism is often understood as the theory that valid legal norms are precisely those norms which have been created in the manner prescribed by the Constitution or the basic norms. India is a democratic country and in every democratic country, there is a need of good governance and transparency. Good Governance does not occur by chance. It must be demanded by citizens and nourished explicitly and consciously by the national state. It is therefore necessary that the citizens are allowed to participate freely, openly and fully in the political process. India incorporated a number of basic human rights as guaranteed Fundamental Rights embodied in Part III of the Constitution of India. In Part IV of the Constitution, certain „Directive Principles of State Policy‟ which are principles that would be fundamental for “good governance” of this country. Thus, Good Governance entails effective participation in public policy-making, the prevalence of the rule of law and an independent judiciary, besides a system of institutional checks & balances.

Keywords:

 It must be demanded by citizens and nourished explicitly and consciously by the national state.

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