Natural Law
/ˈnætʃərəl lɔː/
Jurisprudential Theory
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Definition
A philosophy holding that certain rights and moral values are inherent in human nature and discoverable by reason — they exist independently of positive (enacted) law. Traced from Aristotle, Cicero, and Aquinas to modern thinkers like Dworkin. Natural law theory underpins the idea of universal human rights and the notion that an unjust law is not a true law (lex iniusta non est lex). It influenced Indian constitutional jurisprudence through the concept of natural justice and the substantive expansion of Article 21.
Examples
Case Study
In Vishaka v. State of Rajasthan (1997), the Supreme Court drew on international conventions (CEDAW) and natural justice to fill gaps in Indian law on sexual harassment at the workplace — issuing binding guidelines in the absence of legislation. This reflects a natural-law-influenced approach: some rights exist even without positive enactment.
Key Cases
Maneka Gandhi v. Union of India
1978AIR 1978 SC 597
The judgment infused natural law values into Article 21 — holding that 'procedure established by law' must be fair, just, and reasonable, not arbitrary. The Court drew on inherent notions of justice beyond the text of the Constitution.
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