At SMS Law College, we want all our BA LLB students to understand the

interconnection between political science and law well to:

• understand the broader context of legal issues,
• analyse policies critically, and
• advocate effectively for their clients and society.

You need to know how the political influence in legal systems shapes the laws and policies that govern societies as well as political theory that can enrich your analytical skills and deepen your comprehension of legislative processes.

Political science for lawyers is essential to navigate and influence the Indian legal landscape effectively.

The Interrelationship Between Political Science and Law

In India, we often see how political science and law are intrinsically linked to each other. Political science examines the theory and practice of politics, governance, and power, while law focuses on rules, regulations, and justice.

Here are some recent examples to illustrate how political science and law influence each other:

• Citizenship Amendment Act (CAA) 2019: The CAA, introduced by the NDA government, amended the Citizenship Act of 1955 to provide a pathway to Indian citizenship for persecuted religious minorities from Pakistan, Bangladesh, and Afghanistan. However, it sparked nationwide debates and protests on what its implications will be on secularism and equality.
• Abrogation of Article 370 (2023): The abrogation of Article 370, which granted special autonomy to Jammu and Kashmir was another significant political move with profound legal implications. This decision altered the legal status of the region, integrating it more closely with the rest of India. It also triggered extensive discussions on federalism and the balance of power between the central and state governments.
• Farm Laws Repeal (2021): The three farm laws were introduced by the government to reform the agricultural sector. However, it faced massive protests from farmers leading to their repeal. The political pressure clearly influenced legislative decisions in this case. It was a classic case of the dynamic interplay between political advocacy and legal enactment.
• Supreme Court’s Verdict on Right to Privacy (2017): The Supreme Court’s landmark judgment declaring the right to privacy as a fundamental right under the Indian Constitution showcased the impact of political theory on legal interpretations. This decision was influenced by evolving democratic values and the need to protect individual freedoms in a rapidly digitising society.
• Triple Talaq Ban (2019): The Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalised the practice of instant triple talaq, is an example of how political will can lead to significant legal reforms aimed at ensuring gender justice and equality. This law was a political response to a social issue, reflecting the role of political science in shaping legal frameworks to protect individual rights.

These cases demonstrate how political decisions and theories significantly influence legal frameworks and reforms, reflecting the dynamic interplay between political science and law.

Political Influence in Legal Systems

Political science and law are interrelated disciplines. When you study them together, you gain a comprehensive understanding of how political ideologies and decisions shape legal systems and vice versa.

Political ideologies significantly influence the creation and interpretation of laws. For example:

• Liberalism often promotes laws that protect individual rights and freedoms.
• Conservatism may emphasise laws that uphold tradition and social order.
• Socialism seeks legal frameworks that ensure economic and social equality.
• Nationalism influences laws that prioritise national interests and sovereignty.

Here are some examples of political influence in legal systems worldwide:

• United States: In the US, the political divide between Republicans and Democrats often leads to differing interpretations of the Constitution, affecting rulings on issues like gun control, abortion, and healthcare.
• United Kingdom: The Brexit referendum highlighted how political influence led to significant changes in laws related to immigration, trade, and international relations.
• China: In the People’s Republic of China, the Communist Party’s ideology shapes its legal system, prioritising state control and social stability over individual freedoms.

Closer to home, the following political decisions impacted legal rulings, such as:

• Land Acquisition Act (2013): The political debates on balancing development and farmers’ rights led to amendments that ensured fair compensation and rehabilitation for those affected by land acquisition.
• Section 377 Decriminalisation (2018): Political activism and changing societal values influenced the Supreme Court’s decision to decriminalise homosexuality.
• Goods and Services Tax (GST) Implementation (2017): Political consensus among states and the central government led to the enactment of GST, which transformed India’s indirect tax structure to create a unified market.

When you understand the political influence in legal systems, it becomes easier to navigate the complex interplay of political theory in legal practice effectively. For BA LLB students, grasping these dynamics is essential for a well-rounded legal education.

Political Theory in Legal Practice

As we have already seen, political science and law are intertwined. Political theory in legal practice manifests in various ways. For instance, the Indian Supreme Court’s interpretation of the right to privacy stems from liberal democratic ideals.

Some of the famous political theorists who have contributed to legal systems across the world are:

• John Locke: Advocated for natural rights, impacting constitutional law.
• Karl Marx: His ideas on class struggle influenced labour laws.
• John Rawls: His theory of justice shaped legal discussions on equality and fairness.

If you go deeper, you will start seeing how political theory in legal practice in India profoundly shapes our judicial interpretations and legislative frameworks – reflecting the nation’s evolving democratic values and socio-political complexities.

Conclusion

In conclusion, political science for lawyers is indispensable. It provides critical insights into governance, power, and policy-making and helps law students understand key political concepts that can enhance their legal research and practice.