Amending the Fabric: A Closer Look at Jurisprudence

**Understanding the Framework that Shapes Indian Law** As I delved deeper into my studies, I began to realize that jurisprudence, or the philosophy of law, is not just a theoretical subject, but a crucial foundation for understanding the Indian legal system. For DU LLB Entrance aspirants, grasping this concept is essential to navigating the complexities of law. In this article, I'll take you through the key aspects of jurisprudence, highlighting its significance and how it influences our legal framework. Jurisprudence is often seen as an abstract subject, but it's the underlying framework that shapes our laws and regulations. The Indian Constitution, in Part IV, Article 38, states that the state shall strive to promote the welfare of the people by securing a social order that is just and equitable. This provision reflects the principles of distributive justice, which is a fundamental concept in jurisprudence. Distributive justice aims to allocate resources and benefits fairly among individuals, ensuring that everyone has an equal opportunity to thrive. One of the most influential thinkers in jurisprudence is Jeremy Bentham, a utilitarian philosopher who believed that the goal of law should be to maximize overall happiness or pleasure. In India, the concept of social welfare is deeply rooted in the Constitution, with provisions like the Right to Education (Article 21A) and the Right to Health (Article 21). These rights are designed to promote the well-being of citizens and ensure that everyone has access to basic necessities. The Indian Contract Act, 1872, also reflects the principles of jurisprudence. Section 23 states that a contract must be performed in good faith, which implies that parties must act with honesty and integrity. This provision is rooted in the concept of fairness, a fundamental principle of jurisprudence. In the landmark case of Olga Tellis v. Bombay Municipal Corporation, the Supreme Court ruled that the right to shelter is a fundamental right under Article 21. This decision reflects the principles of distributive justice and social welfare, highlighting the importance of jurisprudence in shaping our legal framework. As I reflect on my journey through jurisprudence, I realize that it's not just a theoretical subject, but a practical framework that influences our laws and regulations. It's essential to understand the underlying principles of jurisprudence to navigate the complexities of Indian law. So, what do students often get wrong about jurisprudence? Many students view it as a dry, theoretical subject, but it's actually a dynamic and practical framework that shapes our legal system. They also tend to confuse jurisprudence with the Indian Constitution, but while the Constitution provides the foundation for our legal framework, jurisprudence is the underlying philosophy that guides our laws and regulations.