Kelson on Indian Constitution
Institute of Law VIth Semester B.A. L.L.B.(Hons.)Course
A brief legal research paper in the subject of jurisprudence Theme: Kelson on validity And Effectiveness of Norms Title: Kelson’s theory of grundnorm and its effectiveness in Indian Context
SUBMITTED BY: SUBMITTED TO: JYOTI RAGHUWANSHI Dr. Tarkesh Molia 10Bal101 Dr. N.Bangkim Singh SEMESTER- VI
Abstract
This article is an attempt to explain as to what is meant by kelsons theory of grundnorm, in what way are they effective, its functions and whether the concept cab be found in the Indian Constitution. Further, a critical analysis has been drawn to come to a viable opinion with regard to the theory. The validity of norm is ascertained with reference to its authorizing norm, which confers a power to create it and may specify conditions for its existence. This paper shows the application of kelson’s theory of grundnorm in the Indian Constitution in various cases like kesavananda bharti case, Indra Gandhi v/s Raj Narain case, Kuldip nayar V/s Union Of India and golak nath v/s State of Punjab. Introduction
Hans kelson (1881-1973) Austrian Jurist and Philosopher of law. Keelson is known for the most rigorous development of “positivist” theory of law, i.e. one that rigorously excludes from it’s analyses theory is any ethical, political, or historical considerations, and finds the essence of the legal order in the ‘black letter’ or laid down
A brief legal research paper in the subject of jurisprudence Theme: Kelson on validity And Effectiveness of Norms Title: Kelson’s theory of grundnorm and its effectiveness in Indian Context
SUBMITTED BY: SUBMITTED TO: JYOTI RAGHUWANSHI Dr. Tarkesh Molia 10Bal101 Dr. N.Bangkim Singh SEMESTER- VI
Abstract
This article is an attempt to explain as to what is meant by kelsons theory of grundnorm, in what way are they effective, its functions and whether the concept cab be found in the Indian Constitution. Further, a critical analysis has been drawn to come to a viable opinion with regard to the theory. The validity of norm is ascertained with reference to its authorizing norm, which confers a power to create it and may specify conditions for its existence. This paper shows the application of kelson’s theory of grundnorm in the Indian Constitution in various cases like kesavananda bharti case, Indra Gandhi v/s Raj Narain case, Kuldip nayar V/s Union Of India and golak nath v/s State of Punjab. Introduction
Hans kelson (1881-1973) Austrian Jurist and Philosopher of law. Keelson is known for the most rigorous development of “positivist” theory of law, i.e. one that rigorously excludes from it’s analyses theory is any ethical, political, or historical considerations, and finds the essence of the legal order in the ‘black letter’ or laid down