Social policy and social legislation A jurisprudential interface

  • Authors

    • Prof. Dr. Shefali Raizada
    2018-03-10
    https://doi.org/10.14419/ijet.v7i2.4.13027
  • Democracy, Social Institutions, Social Solidarity, Law
  • Principle of democracy as governance is for the people by the people and of the people. People are not the recipient of state framed policies and programs. Citizens are not only consumers, choosers or users, but active participants for making and shaping the policies.

    According to Duguit, “Essence of law is to serve and secure social solidarity, where individual has to perform obligations as a member of the communityâ€. Duguit says “everyone has to perform his duties to the society which would help to develop cooperation and social solidarity.†Law and society are interrelated and interdependent. Changes in every social component leads to change in various aspects, right from the social institutions, customs, ideologies, human behavior and human interactions.

    Law is meant for nonprofessionals. The welfare of the society &humanity is the sole purpose of Indian constitution. To take care of interests, social security, social solidarity are the main aim of law. Sociological school of thought says that ‘Law is social phenomenon’. According to this school, essential characteristic of law should be to represent common interaction of men in social group. Treatment towards law should be as instrument of social control and social progress. The role of law and its functioning towards society is the basic philosophy of sociological jurisprudence.

    Thus, social progress is very much regulated by the degree of law. Law is like the steering to lead society in particular direction. Law may be the fulcrum to control society. Balance between law and society will certainly responsible for social progress.

     

  • References

    1. [1] Gangrade, K.D. (1978), Social Legislation in India, Concept Publishing Company, New Delhi. The Planning Social Legislation: It’s Role in Social Commission Welfare, (1956) Government of India, and Delhi.

      [2] Bose, A.B. Social Welfare Planning in India, U.N. pub, Bangkok Choudry,

      [3] Paul Hand book on social welfare in India, streling pub, New Delhi, 1979

      [4] Choudry, Paul Social Welfare Administration, Atma Ram & Sons, Delhi, 1979.

      [5] Dennison.D & Chepman, Valeries Social policy and Administration, George A and Unwin, London.

      [6] Dubey S.N. Administration of social welfare programmes in India,

      [7] Somaiya pub, Bombay. Dbey S.N. & Murdia Administration of policy and programmes for backward classess in India, Somaiya pub, Bombay.

      [8] Gangrade, K.D Social legislation in India Vol.I&II Jacob K.K. Social policy in India

      [9] Jagadeesan.P. Marriage and Social legislations in Tamil Nadu, Elachiapen Pub, Chennai, 1990. Shunmugavelayutham K. Social Legislations and Social Change, Valga Valamudan pub, Chennai, 1998.

      [10] Paras Diwan, Administative law (Allahabad Law Agency)2004 P.124

      [11] J.N.Pandey,Constitutional Law of Inda(Allahabad Law Agency)2008 P.386

      [12] Vinay Kumar Malhotra,Welfare State and Supreme Court of India(Delhi ,Deep and deep Publications)p. 269

      [13] Kulkarni P.D. Social Policy in India. Bombay: Tata Institute of Social Sciences.

      [14] Government of India Publications: Social Legislations.

      [15] Gangrade, K.D. Social Legislations, Vols I & II. New Delhi: Concept Publications.

      [16] Chatterjee, B.B. Impact of Social Legislation on Social Change. Calcutta, Minerva Association.

      [17] Dennison, D. and Valeris Chapman. Social Policy and Administration. London, George Allen and Unwin.

      [18] Planning Commission. Social Legislation in India.

      [19] Constitution of India & Relevant Bare Acts.

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  • How to Cite

    Dr. Shefali Raizada, P. (2018). Social policy and social legislation A jurisprudential interface. International Journal of Engineering & Technology, 7(2.4), 151-152. https://doi.org/10.14419/ijet.v7i2.4.13027