DR.

RAM MANOHAR LOHIA

NATIONAL LAW UNIVERSITY,
LUCKNOW

JURISPRUDENCE

SYNOPSIS

TOPIC: KELSEN’S THEORY OF GRUNDNORM

Submitted to- Submitted by-

Dr. Vipul Vinod Tulika Gupta

Assistant Professor of Law Roll no.-150

Dr. Ram Manohar Lohiya National law B.A.LL.B. (Hons.) 3rd

year

University, Lucknow V semester

Introduction
Hans Kelsen (1881-1973) Austrian jurist and philosopher of law. Kelsen is known for the
most rigorous development of a 'positivist' theory of law, i.e. one that rigorously excludes
from its analysis any ethical, political, or historical considerations, and finds the essence of
the legal order in the 'black letter' or laid-down law. A system of law is based on a
Grundnorm or ground rule, from which flows the validity of other statements of law in the
system. The ground rule might be that some particular dictates or propositions, such as those
of the sovereign, are to be obeyed. The Grundnorm can only be changed by political
revolution.

Research Questions

1. What is meant by Kelsen’s theory of Grundnorm?

2. Whether the theory of Grundnorm can be found in Indian Constitution?

3. What are the criticisms of the theory?

Research Methodology

A descriptive and doctrinal research methodology was used for this project. Concerned
statute and books of renowned authors were looked into for the compilation of the present
study. Several websites were looked into for understanding the concept of present study.
Moreover, various articles and case laws were referred in order to clear the law point at the
present time. Referring to all the primary and secondary material mentioned above, the
present study has been compiled and presented to the concerned.

Tentative Chapterisation

Chapter 1 – Introduction

Chapter 2 – Grundnorm

Chapter 3 – Indian Constitution

Chapter 4 – Criticism

Chapter 5 – Conclusion