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Relevance of Austinion Empiricism in the Indian Legal System Austins analytic approach to law offered an account of the concept

of law, that is, what law is. This was termed Legal Positivism Thus the three basic points of Austin's positivism are:

the law is command issued by the uncommanded commanderthe sovereign; such commands are backed by sanctions; and a sovereign is one who is obeyed by the majority

" In India without using the expression "Ex post facto law" the underlying principle has been adopted in the Article 20 (1) of the Indian Constitution in the following words: "No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which have been inflicted under the law in force at the time of commission of the offence." Austin says if sovereign pass a law like taxes, subject has to agree as it become law which s command backed by sanction. this is the reason that if someone forge in tax payment or violate tax law has to undergo punishment or penalty. Parliament's authority to amend the Constitution, particularly the chapter on the fundamental rights of citizens, was challenged as early as in 1951. After independence, several laws were enacted in the states with the aim of reforming land ownership and tenancy structures. This was in keeping with the ruling Congress party's electoral promise of implementing the socialistic goals of the Constitution [contained in Article 39 (b) and (c) of the Directive Principles of State Policy] that required equitable distribution of resources of production among all citizens and prevention of concentration of wealth in the hands of a few. Property owners -- adversely affected by these laws -- petitioned the courts Piqued by the unfavourable judgements, Parliament placed these laws in the Ninth Schedule of the Constitution through the First and Fourth amendments (1951 and 1952 respectively), thereby effectively removing them from the scope of judicial review. Under the provisions of Article 31, which themselves were amended several times later, laws placed in the Ninth Schedule -- pertaining to acquisition of private property and compensation payable for such acquisition -- cannot be challenged in a court of law on the ground that they violated the fundamental rights of citizens. The Ninth Schedule was created with the primary objective of preventing the judiciary - which upheld the citizens' right to property on several occasions - from derailing the Congress party led government's agenda for a social revolution. Few other cases in India that underlay presence of Austins empiricism in Indian Legall System are: 2.Union of India v Prabhakaran Vijaya Kumar and Others Supreme Court of India, 5 May 2008 Subject: Carriers & Transportation

Where Reported: 2008 Indlaw SC 743 Documents: Case Analysis 2008 Indlaw SC 743 and 2nd is Union of India and another v Gulaba Devi and others Allahabad High Court, 22 December 2009 Subject: Carriers & Transportation Where Reported: 2009 Indlaw ALL 1955 Documents: Case Analysis 2009 Indlaw ALL 1955 Sources The Basic Structure of the Indian Constitution Compiled by Venkatesh Nayak Material and help provided by our lecturer Dr. Md. Salim Salmond on Jurisprudence By Rahul Malik Roll No.63 B.B.A.L.L.B

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