JAMIA MILLIA ISLAMIA

FACULTY OF LAW

LAW-AN INSTRUMENT TO PROMOTE SOCIAL & ECONOMIC

DEVELOPMENT

SEMINAR- I

Submitted by

Shayan Zafar

Roll No.:58

B.A.LLB (Hons.) (IXth Semester) (Regular)

Batch: 2018-2023

Submitted to

Nand Kishore Sir

Guest Faculty
 INDEX
S.No CONTENTS

01. ACKNOWLEDGMENT

02. ABSTRACT

03. INTRODUCTION

04. AIM & OBJECTIVE OF THE STUDY

05. RESEARCH METHODOLOGY

07. THEORETICAL PERSPECTIVE ON LAW & DEVELOPMENT

08. EMPIRICAL EVIDENCE ON RELATIONSHIP B/W LAW& DEVELOPMENT

09. HYPOTHESIS

10. RESEARCH QUESTIONS

11. INTERPRETATION OF THE WORD LAW

12. RELATIONSHIP BETWEEN LAW & SOCIAL CHANGE

13. INDIAN CONSTITUTION AS AN INSTRUMENT FOR SOCIAL CHANGE

14. WAYS IN WHICH LAW CAN BE USED AS AN INSTRUMENT OF SOCIAL

CHANGE

15. REASONS ATTRIBUTED FOR SOCIAL TRANSFORMATION

16. LAW AS AN INSTRUMENT OF SOCIAL CHANGE IN INDIA

17. LOOPHOLES IN THE LAW TO MAKE SOCIAL CHANGE

18. HOW DO LAWS & LEGAL SYSTEM AFFECT ECONOMIC DEVELOPMENT

19. ROLE OF LAW & LEGAL SYSTEM IN ECONOMIC DEVELOPMENT OF INDIA

20. CONCLUSION

21. BIBLIOGRAPHY
 ACKNOWLEDGEMENT

I, sincerely and gratefully acknowledge my primary obligation towards my supervisor Nand

Kishore Sir who through his wisdom, experience and sharp legal acumen have constantly guided
me in this research so as to enable me to bring it to its logical conclusion. I also wholeheartedly
utilize this opportunity for expressing my deep regards, gratitude and admiration for him and I
am extremely thankful for the patience, kindness and understanding shown by him. I also thank
and express my gratitude to my friends, colleagues, relatives and all members of the legal
fraternity who have given their extremely valuable and scholarly inputs and have extended their
earnest support and assistance for the successful completion of this work.

----SHAYAN ZAFAR
ABSTRACT

A unique concept in law is Law and Social Transformation, which focuses on the study and
solution of social problems through legal means. A law that changes society under the rule of
law means the law forces society to conform to the law. This is done by referring the matter to
judicial authorities who will apply the rule of law to change customs and laws.

Democracies formulate laws based on the needs of society. By adopting customs and practices or
through legislative functions, it can be enforced. There is a long history of law being used as a
tool for social change. Despite the fact that there are many methods to affect change and
transformation in our lives and societies, if not through law, none are the most efficient or most
effective.
INTRODUCTION

Essentially, a law is a set of rules that regulate or direct society. To bring about social change, a
society requires control so that it can co-exist interdependently with the people living in it.
Society is a heterogeneous group of people from different backgrounds, racial groups, classes,
and creeds. In order to enforce homogeneity, it is imperative that no distinctions are made
between these individuals, regardless of their status. Almost every society and individual
welcomes social change, since a move in the right direction is always appreciated. The law plays
an integral role in bringing about social change. In a lawless society, there is no harmony and
peace between people and society1.

Society is composed of all kinds of people. Some people will always occupy authority and
dominance because of factors such as money, power, and status, so as to rule other groups. They
are relatively weak. Nearly every society has experienced a similar setup. Additionally, society
faces a number of other issues. Most notable are poverty, drug abuse, corruption, prostitution,
rape, lynching, child marriage, acid throwing, child labor, caste, race, color, and gender
discrimination. It eliminates barriers of all kinds by introducing laws and regulations that help to
change the present and future of society.

Although the law has helped to promote a number of social improvements in recent years, it is
important to remember that social problems have not entirely disappeared; rather, they are still
occurring at an accelerated rate. The moment has come for society to make efficient use of
existing laws so that they can function and result in genuine social transformation. Therefore, it
is up to society and its citizens to find a way to use the law as a tool for social change.

1
Understanding the law as a means of social change, available at: https://www.legalserviceindia.com/legal/article-
4883-understanding-the-law-as-a-means-of-social-change.html , (last visited on November 18, 2022).
AIM & OBJECTIVE OF THE STUDY

As this work presents the link between law and development in the introduction and background
sections, the aim of this study is to illuminate the further development of the rule of law and to
reveal the complexities related to law and development in socio-law and society. - Economic
interaction. Analyze the instrumental force of the rule of law on state development to assess the
extent to which the relationship between them is understood. This is because of pressure from
various “internationalists” on the role of the rule of law in the development and trend towards
global economic liberalization and the need to manage legal instruments The aim The aim of the
study was also to refresh classical notions about law and development, as stated by Adam Smith
(1776), that attention should be paid to each individual in order to enhance their liberty, security
and general rule of law in relation to development.

Furthermore, as I mentioned in the background, one of the purposes of this work was to examine
the extent to which the rule of law plays an important role in multidimensional state
development, which includes democracy, the protection of human rights, the fight against
corruption, and the promotion of good governance. Therefore, the purpose of this study is to
show that developing countries must review their development plans against the rule of law. The
paper also attempts to emphasize the rule of law, whose role should be understood as delineating
the characteristics of a democratic and progressive state in which no one is above the law. This
legal awareness awakens development societies and helps to regulate the rule of law, aiming to
crowd out contemporary anti-development elements in areas of research focus 2.

With this goal in mind, we should integrate the rule of law into national development. It is
recommended that countries in the southern hemisphere learn from modern nation-states, flaunt
the democratic nature of the rule of law, and claim this as the core principle (ibid.). .and then
achieve the conceptualization of the modern rule of law as it implies the triumph of reason and
democracy over autocratic power; the legislature being neutral and capable of establishing a just,
reasonable and impartial legal order.

2
Kevin Davis and Michael J. Trebilcock, What Role Do Legal Institutions Play In Development?, available at:
chrome-
extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.imf.org/external/pubs/ft/seminar/1999/reforms/trebil.pd
f, (last visited on November 21, 2022).
RESEARCH METHODOLOGY

The nature of the subject is such that both doctrinal and empirical research are required.
Therefore, this research work is a combination of theoretical research and empirical research.
Extensive didactic research and review of Indian subject and legal literature is carried out. Where
necessary, reference is made to various legal provisions. The study involves the study and
analysis of primary and secondary sources. The main sources of reference include the
Constitution of India, various laws and jurisprudence etc.
Secondary sources consulted include various books, periodicals, articles, research papers,
reports, newspapers, websites, etc. The method helps to systematize legal propositions and legal
interpretations for theoretical evaluation of research questions with the help of various legal
journals and legal periodicals. Writings of eminent jurists constitute a secondary resource for
research. The researchers sought to examine and identify institutional deficiencies in the Indian
legal system that lead to crisis-like situations. Further use of teaching and research methods to
study the impact of law on social assimilation and the economic changes brought about by law
enforcement.
THEORETICAL PERSPECTIVE ON LAW & DEVELOPMENT

The strategy pursued in this paper is to adopt an eclectic view of development that reflects a
variety of theoretical perspectives on development that overlap and diverge on several fronts:
modernization theory; dependency theory; economic growth theory; animal welfare development
theory; feminist development theory ; and sustainable development; and trying to determine
which areas of substantive law and which legal institutions would prioritize these perspectives in
order to determine the potential of a country's legal system as an important development factor.

Modernization theory broadly shares the view that the development prospects of developing
countries depend to a large extent on the convergence of policies and institutions in developed
Western societies, including the endowment of liberal political values (democracy and welfare
states) and liberal economic institutions, In particular, the prominent role of private markets.
From this perspective, formal laws, especially those related to property law and commercial law,
are important to provide predictability and certainty in encouraging investment, while other legal
institutions will protect citizens and human Legal entitlement to social welfare. Civil and
criminal justice institutions will be important bastions for the protection and enforcement of
these rights.
In response to modernization theorists, dependency theorists rejected the idea that different
countries should have similar forms of development, arguing that the development of many
underdeveloped countries was inevitably constrained by the background of their complex
economic, political, and cultural relations with developed countries. nation. Legal scholars
influenced by dependency theory are thus skeptical of the merits of relying on legal institutions
transplanted from developed countries to promote development in less developed countries, and
indeed skeptical of legal reforms where radical policy reforms could have significant impact on
development prospects of a country. However, to the extent that law is seen as an instrument of
political and social change, dependency theorists also see an important role in its redistribution
potential, for example in the redistribution of real estate and the reform of repressive land tenure
systems, strengthening the adoption of more Dependence on the cooperative property of private
corporations and a greater role in the governance of all businesses, workers' wealth and power.
In addition, some dependency theorists believe that various economic and social rights enshrined
in the constitution play an important role, such as the rights to education, health care, food,
housing, employment and income3.

Economic development theory focuses primarily on policies aimed at promoting overall growth
rates. Early economic development theorists believed that market failures were prevalent in
developing countries and argued that the state played an important role in transforming the
economic structure of these economies. More recently, a neoclassical or neoliberal economic
view of development would substantially reduce the role of the state, relaxing participation in
domestic and international markets and thus marginalizing the role of the state to some
extent. Proponents of the so-called “new institutional economics” generally take a middle
ground, arguing that the state and the institutions that make it up are endogenous to the
development process, and considering the design and operation of public sector institutions and
private sector organizations interacting with these institutions as A key determinant of a
country's development prospects. The current economic consensus would favor well-defined and
negotiable private property rights in terms of the role of law in development; a formal system of
contract law that facilitates impersonal, asynchronous contracts; a corporate law regime that
facilitates the investment function; compulsive A bankruptcy system in which inefficient
companies exit and quickly reallocate their assets to higher value uses; and a non-punitive, non-
distorting tax system. From this perspective, the role of the court system in protecting private
property rights and enforcing contracts for the purpose of facilitating their transfer to higher
values will be highly valued.

The socialist development perspective challenges the premise of many economic development
theories that traditional measures of economic growth encompass all important aspects of human
well-being. In particular, animal welfare advocates claim that measures of gross national
product, or GDP per capita, do not reflect inequalities in wealth in general, or more specific
inequalities, such as those related to women or minorities, and human well-being. Other related
inequalities, including health and educational status. A welfarist view may prioritize various

3
Friedman, Lawrence M. and Jack Ladinsky, Social Change and the Law of Industrial Accidents, (Columbia Law
Review, 1967).
substantive areas of law, such as progressive tax policy, redistributive property tax systems,
welfare policy, and human and civil rights policy. In terms of institutional impact, it is likely to
prioritize inclusive and empowering forms of political expression and participation, as well as
widespread use of reliable legal systems to enforce rights and strengthen government
accountability.

Using these different theoretical perspectives on the potential relationship between law and
development as a point of reference, this study then examines the existing empirical evidence for
this relationship by first considering different aggregates of evidence and then examining
specific legal groups controlled by be Conduct different case studies. Implied by one or another
of the above theoretical perspectives.
EMPIRICAL EVIDENCE ON THE RELATIONSHIP BETWEEN LAW &
DEVELOPMENT

Using these different theoretical perspectives on the potential relationship between law and
development as a point of reference, the study then proceeds to examine the existing empirical
evidence for this relationship, first by considering different aggregates of evidence and then by
different cases for the specific legal groups affected Research is implied by one or the other of
the above theoretical perspectives.

Aggregated (often cross-sectional) studies of some countries, a group of studies examines the
relationship between law, administration, and development, primarily examining the effects of
factors such as the quality of bureaucracies, levels of corruption, and the likelihood of rejecting
government contracts , the risk of government expropriation and the general maintenance of the
rule of law in relation to growth rates, mainly by affecting investment rates. Most of these studies
find that these factors significantly affect growth and investment rates. Using these different
theoretical perspectives on the potential relationship between law and development as a point of
reference, the study then proceeds to examine the existing empirical evidence for this
relationship, first by considering different aggregates of evidence and then by different cases for
the specific legal groups affected Research is implied by one or the other of the above theoretical
perspectives.

A second set of studies examines the relationship between legislatures and development, in
particular between democracy and economic growth. The studies provided more mixed results,
with some finding that democracy boosted economic growth, others that it lowered it, and still
others that it had no statistically significant effect. It should be noted that almost all of these
studies use economic growth as the dependent variable, rather than the other dimensions of
human well-being emphasized by the various developmental theoretical perspectives discussed
in the first part of this study, and the relationship between property rights and development. The
study examines empirical evidence on the formalization of land titles; individualization (and
formalization) of public land titles; reforms to increase property sales capabilities; and land
redistribution. A second set of studies examines the relationship between legislatures and
development, in particular between democracy and economic growth. The studies provided more
mixed results, with some finding that democracy boosted economic growth, others that it
lowered it, and still others that it had no statistically significant effect. It should be noted that
almost all of these studies use economic growth as the dependent variable, rather than the other
dimensions of human well-being emphasized by the various developmental theoretical
perspectives discussed in the first part of this study, and the relationship between property rights
and development. , the study examines empirical evidence on the formalization of land titles;
individualization (and formalization) of public land titles; reforms to increase property sales
capabilities; and land redistribution. The impact of titling on incentives to invest in the purchase
or improvement of real estate is impacted by titling projects, but the empirical evidence is mixed.
Some evidence suggests that the provision of supplemental government services to landholders
may be at least as important in enhancing these incentives as titling. The evidence is conflicting
with regard to the impact of privatising land held under customary tenure on economic
incentives, but it does suggest that in practice, customary land tenure systems have proven to be
surprisingly adaptable in allowing for a variety of dealings in such land and in facilitating the
creation of new types of property rights in such land.
The removal of formal restrictions on alienability does not always appear to have had a
significant impact on patterns of land dealings or land holdings with regard to the alienability of
interests previously held under customary land tenure systems. Following World War II, Japan,
Taiwan, and South Korea began to implement ambitious and generally successful land
redistribution programmes that increased agricultural productivity and decreased wealth
disparities.
The empirical evidence suggests that even though many developing countries have income tax
systems that are nominally progressive, the actual taxation incidence is frequently not
significantly progressive. This is due in part to the fact that income tax is only one part of the tax
system and in part to the fact that nominal income tax rates are depleted by inflation.

Due to these issues, proposals favour a levering-up approach to tax reform rather than a levering-
down one. This involves lowering the progressivity of income tax rates while simultaneously
raising basic exemptions to remove the least well-off from the tax rolls, and increasing the
reliance on value-added taxes, possibly with exemptions for certain basic necessities. Countries
that have put these changes into place frequently see an increase in tax collection and a small
reduction in poverty.

Tax administration in developing nations has proven to be a significant issue, as seen by the high
frequency of tax evasion and high levels of corruption in tax administration and collection. The
empirical evidence suggests that nations that have privatised tax filing and payment processing
(e.g., by utilising local banks), made it easier to obtain information from third parties (like
banks), used computers more frequently to process tax reforms and target enforcement efforts,
and adopted incentive policies for paying tax collectors by giving them a cut of taxes collected
have all had significant positive effects.

The approach taken in the paper is to adopt an eclectic conception of development, reflecting a
wide range of theoretical perspectives on development that overlap and diverge in various
respects, including modernization theory, dependency theory, economic growth theories, welfare
theories of development, feminist theories of development, and sustainable development. It also
attempts to identify which areas of substantive law and which legal institutions these
perspectives would influence.

According to modernization theory, developing nations' chances for growth primarily depend on
their adoption of the institutions and policies of advanced Western societies. This includes giving
liberal political norms, such as democratic institutions and a welfare state, a significant role.

In terms of social welfare policy, most LDCs rely on health and education expenditure
programmes as the primary means of minimising inequities and relieving poverty. While a
number of empirical studies indicate substantial social returns from public investments in
education and health services, empirical evidence also suggests that in many cases, these
expenditures are poorly targeted on those segments of the population who would benefit most
significantly from them, including residents of rural areas and the very poor. In terms of
entitlement systems, many developing nations have old-age, disability, and survivor's benefits
programmes, as well as work injury schemes, but relatively few have unemployment insurance
programmes.
Many LDCs have public employment programmes as an alternative to welfare or unemployment
insurance, and many have minimum wage regulations. Social security/pension systems, like
other public spending programmes, heavily favour persons engaged in the formal sector,
particularly the public sector, and provide far less benefits to citizens in rural regions and those
working for themselves or in the informal sector. The empirical data on the effect of public
employment initiatives is varied, as is the evidence on the effect of minimum wage laws, which
show that in a variety of circumstances, but not all, such regulations may improve salaries for
certain employees while having a major offsetting effect on employment levels.

While collective action issues and poorly developed and non-inclusive institutions frequently
prevent widespread public participation in environmental law-making in much of the Third
World, empirical evidence suggests that many developing countries have environmental
legislation on the books that is often quite stringent by global standards. Rather, empirical
evidence suggests that more serious issues in this area are related to insufficient public resources
dedicated to enforcement activities, as well as insufficient public access to courts and other
enforcement mechanisms.

In terms of human rights, most third-world countries have non-justiciable social and economic
rights, while justiciable civil and political rights vary dramatically from one developing country
to the next, with widespread disregard for such rights or refusal to recognise them in the first
place on the part of many military or authoritarian regimes throughout the developing world.
Even in countries where human rights have been legally recognized, judicial enforcement of such
rights has been uneven, with courts frequently unwilling to risk alienating the legislative or
executive branches of government. This problem is frequently exacerbated by aggrieved parties'
lack of effective access to the courts.
HYPOTHESIS

Human history shows that human wisdom has developed various methods and means to cope
with the structural changes in social systems that accompany the progress of knowledge, culture
and civilization. Law has long been considered one of the most important tools for effecting
social change. In modern times, law is widely used as a tool to create homogeneity among
heterogeneous populations with sociocultural differences. While there are various ways to bring
about change and reform in society, reform through laws is perhaps one of the most effective and
surest ways to do so.
At this point, it becomes important to understand the implications of social change. It is defined
as any non-repetitive change in a society's established behaviour. In our search for the effects of
law on social change, we often tend to ignore the opposite, i.e the impact of social change on the
law. The study is based on the period before and after the era when we could say society had no
laws, there were a lot of social problems, bad practices, murder and crime. But over time, with
the emergence of laws, these social problems were addressed and partially contained by laws.
Based on the collected data and the work of several scientists, the researchers made a humble
attempt at the topic of “Law – An Instrument to Promote Social & Economic Development”. To
analyze this topic, the researchers made the main assumption that social problems do not have
any regularity. How the law can be used as a tool not only to promote social progress but also to
fight crime and law as a tool for economic growth.
To examine the research issue and spot procedural gaps in the current laws protecting India's
citizens, as mentioned in the research's objectives, attempts are made with the essential sub
hypotheses. The sub hypotheses are constructed as needed to investigate the numerous causes of
judicial crises, various types of alternative techniques, institutionalisation, and essential societal
and attitudinal changes for their efficient application and utilisation.
RESEARCH QUESTIONS

In the light of the topic “Law- An Instrument to Promote Social & Economic Development” as
assigned by our Seminar-I teacher, the researcher delves into following sub topics:

1) Interpretation of the word “law”

2) Relationship between Law and Social Change
3) Indian Constitution as an instrument for social change
4) Ways in which law can be used as an instrument for creation social change in society
5) Reasons attributed for social transformation
6) Law-As an instrument of social change in India
7) Loopholes in the law to make social change
8) Law- As an instrument of economic change in India
9) Role of Law & Legal System in economic development of India
 1. INTERPRETATION OF THE WORD LAW

The study of law is a type of social science. Society and the law are inextricably linked. Law
instructs nature how to live socially, and this grows with economic, scientific, and technological
growth. Law changes with social changes and plays an important role in the fulfilment of social
needs, so there is a provision by constitutional amendment for the fulfilment of social needs, and
it is the responsibility of the judiciary to declare law that violates constitutional provisions,
public interests, and fundamental rights void. Legal changes have been at the forefront of India's
gender justice strategy.

As a result of societal evolution, the Indian Constitution incorporates the Uniform Civil Code
under Article 44. It denotes a standard code of behaviour for all people of the country, regardless
of cast, religion, parentage, community, or cultural recognition, as well as Article-21 Protection
of life and personal liberty as a result of societal change. In this article, new prison jurisprudence
has made the right to a speedy trial, the right to free legal services, the right to human dignity,
and the right against torture some of the fundamental rights 4. Law is a vehicle for achieving
social objectives. So, with social changes, law must change; otherwise, law is meaningless 5.

Law is ingrained in social networks and economic systems. These societal issues have an impact
on how laws are made or how laws change. This is the result of social and personal relationships,
which are always changing and frequently unpredictable. Law itself has the potential to alter
norms in a number of ways. For instance, legalising untouchability in free India is an effort to
alter a pervasive societal norm. But because of little social backing, it has not been very
successful. As a result, society and law are mutually dependent. The phrase "social change" is
also used to describe shifts in how people relate to one another and interact with one another.

4
M.P Jain, Indian Constitutional Law, (LexisNexis, 8th edn., February, 2018).
5
The Constitution of India and it’s Socieo Economic Policy, available at:
https://www.legalserviceindia.com/legal/article-2095-the-constitution-of-india-and-its-socio-economic-
philosophy.html, (last visited on November 20, 2022).
A social connection is described in terms of social processes, social interactions, and social
organisations since society is a web of relationships, and social change inevitably entails a
change in the system of social relationships. So, when referring to beneficial changes in social
institutions, social processes, and social organisation, the phrase "social change" is employed.
Changes to the society's structure and functions are included. A more thorough examination of
the relationship between law and social change enables us to distinguish between the direct and
indirect effects of law.

A social connection is described in terms of social processes, social interactions, and social
organisations since society is a web of relationships, and social change inevitably entails a
change in the system of social relationships. So, when referring to beneficial changes in social
institutions, social processes, and social organisation, the phrase "social change" is employed.
Changes to the society's structure and functions are included. A more thorough examination of
the relationship between law and social development enables us to distinguish between the direct
and indirect effects of law6.

i. By directly influencing society, law has a significant indirect influence on social

change. As an illustration, consider a law establishing a mandatory schooling system.
ii. On the other hand, law frequently engages in indirect interactions with fundamental
social institutions in a way that establishes a direct link between law and social
change.
As an illustration, consider a legislation that forbids polygamy. Modernization and social change
are agents of law. Additionally, it serves as a sign of the nature of societal complexity and the
integration issues that follow.

6
How can law be used as an instrument for social change, available at: https://blog.ipleaders.in/can-law-used-
instrument-creating-social-change/(last visited on November 18, 2022).
 2. RELATIONSHIP BETWEEN LAW AND SOCIAL CHANGE

In the past, society has regulated itself by adhering to certain standards in order to foster aspects
of consistency, progress, and uniformity. The law is a manifestation of the social standards that
were adopted. Everyone in society was required to abide by the rules, and breaking them would
constitute an offence that may be either criminal or civil in nature. Currently, the same pattern is
still being used. The only thing that has changed is that the current laws have been amended to
modernise society for a better appearance. Because the connection between law and society is so
ancient, it has to be nurtured and maintained in order to remain vibrant and current. In the past,
society has regulated itself by adhering to certain standards in order to foster aspects of
consistency, progress, and uniformity. The law is a manifestation of the social standards that
were adopted. Everyone in society was required to abide by the rules, and breaking them would
constitute an offence that may be either criminal or civil in nature. Currently, the same pattern is
still being used. The only thing that has changed is that the current laws have been amended to
modernise society for a better appearance. Because the connection between law and society is so
ancient, it has to be nurtured and maintained in order to remain vibrant and current. While many
experts believe that the law is the finest tool for controlling social change, there are occasions
when social change itself becomes a statute. The existence of several components in the
environment causes social transformation.

These include the demographic make-up, technological advancements, shifts in societal

ideologies, improvement in societal welfare, and so forth. Benjamin Cardozo, an American
judge, was the one who made the statement that law should not be seen as a rigid tool attempting
to bring about social change but rather as a flexible tool of a necessity to bring about the welfare
of society. This is also the foundation of the Indian Constitution.
2.1 THEORIES INVOLVED IN SOCIAL CHANGE

There are two theories based on possible social changes. They are provided as follows:

i. Linear Theory of Social Change – This theory of social change states that improvement
and progress in society occurs as the society gradually moves towards a higher
civilization. As the people in society transform, society transforms itself.
ii. Periodic Theory of Social Change- This theory of social change states that the changes
that occur in a society are cyclical and therefore recurring. Thus, the theory
characterizes social change as having a continuum, without an ongoing period.

The theory of social change cannot bring about social change, so the help of law is needed. The
role of the law is to help these theories go through the process so that they can be implemented.
Without legal provisions, social movements cannot develop.

2.2 LAW AS A CONTROLLER OF THE SOCIETY

Laws can bring about social change in society in two different ways, outlined below:
I. Ensure social stability and maintain order in social life
II. To bring about social change by changing oneself to suit the wants and needs of society
and its people.
The conclusion from these two points is that establishing the rule of law in every society is
important for every democracy like India. The rule of law states that no one person is above
the laws of the country, ensuring that law is the supreme element in regulating any society.
Law is a useful organ of the state, which establishes a social order that people must obey in
order to avoid unnecessary conflicts that may become obstacles to the overall development of
society. The law can be used as a weapon of the state to create fear in the hearts of people so
that their actions will not violate the laws of the state7. Fear is necessary to create awareness

7
Law as an Instrument of Social Change, available at: https://aishwaryasandeep.com/2021/06/27/law-as-an-
instrument-of-social-change/, (last visited on November 20, 2022).
and awareness among the general public so they can think twice before doing something wrong
and to protect the people of society from any injustice that exploits them and their lives.

Laws, therefore, make society a worthwhile place to live. In order to understand social change,
it is necessary for the public to understand law as a tool for social change. Just being aware of
the law in public can have a major impact on the way society changes. The second point above
considers law as a source of public opinion, ie. H. The state implements actions requested by
the public. A prime example of how public opinion can be shaped within a law is the
defamation law, an idea that Rajiv Gandhi's government wanted to pass but later backed off
due to public opposition to the law. Thus, this helps us to understand that law can be molded in
whichever way the society want or according to the need of society.

3. INDIAN CONSTITUTION AS AN INSTRUMENT FOR SOCIAL

CHANGE
The Constitution of India was enacted by the electorate on January 26, 1950 to bring about a
transformed India. The Constitution consists of a set of fundamental rights, enshrined in Part III
of the Constitution, which confer upon citizens certain rights which are essential for problem-
solving in order to bring about sociological change across the country. Native Americans faced
oppression in the years leading up to independence, so the Constitution was created as the
fundamental law that would govern all other legal movements in the country.
Taking into account the social structure of the country at the time, the framers of the constitution
ensured that the constitution did not omit any aspect of society that did not fall under the purview
of protection.

As Chairman of the Constitutional Council, Dr. B.R. Ambedhkar, Indian Constitution can be
changed if society demands something other than its basic structure. The Supreme Court of India
also took this into account when it heard the famous Kesavananda Bharati v. Union of India8
case. Indian Union treats. Fundamental rights are one of the components that constitute the basic
structure of the constitution. Fundamental rights within its scope include certain fundamental
rights that apply to every citizen of India irrespective of their origin. Article 14 of the
Constitution enshrines the right of all to equality before the law and to equal protection. This
clause of the constitution promises that the rule of law is the essence of the constitution. In
addition to Article 14, the Constitution enshrines several other articles that have played a key
role in bringing about social change9.

A constitution not only lays down fundamental rights but also a set of principles that the state
must follow in order to manage the social changes that are taking place in the country. These
principles came to be known as the guiding principles of state policy set out in Part IV of the
Constitution. While there is no provision that states expressly adopt and follow these principles
to be enforceable in court, they are necessary lest states fail to bring about social justice for their
people. Social problems such as poverty, discrimination, forced labor, and untouchability have
been deeply rooted in Indian society for many years. After the constitution came into effect,
these social problems were listed among the problems to be solved and India has indeed
overcome some social problems affecting the people and the country as a whole.

8
AIR 1973 SC 1461.
9
M P JAIN, Indian Constitutional Law,(LexisNexis,8th ed.).
The Constitution of India was primarily designed to maintain a balance between individual
liberty and the spread of social justice across the country. It can be said that the third and fourth
parts of the constitution jointly promoted the country's social revolution and formed the
constitutional conscience10.

4. WAYS IN WHICH LAW CAN BE USED AS AN INSTRUMENT OF SOCIAL

CHANGE

Law as an instrument for creating social change can be used in two broad ways namely:

10
DR. J.N. Pandey, Constitutional law of India, (Central Law Agency, Allahabad-2, 55th ed.).
 1. The laws bringing in a change in society

2. The society is bringing in a change in the law

When one says that laws are bringing in a change in the society he or she means that law is
making the society follow it in order to bring in a difference or a change in the atmosphere that is
already in existence. For example, untouchability has been a long drawn social issue. Article
17 of the Constitution of India declares that untouchability should be prohibited. Therefore the
law in a way brought in a social change by abolishing the social issue to a great extent. Now if
anybody does practice untouchability, he or she will be held guilty of violating the law of the
land. Whereas when the society brings in a change in the law it means that society is adjusting
itself to law the way it wants11. Sati was a practice that forced the wives to be burnt alive along
with her dead husband. This custom was mandatory to be followed among the Hindus. The
society brought in reforms to abolish this practice. Therefore in a way the society brought in a
change in the existing law12.

5. REASONS ATTRIBUTED FOR SOCIAL TRANSFORMATION

Law has expressed concern over and attempted to modify a number of societal elements.
According to Justice PN Bhagwati, it is the judges' job to give a legislative framework life and
blood in order to produce a living component that can suit the requirements of society. Without

11
How can law be used as an instrument for social change, available at: https://blog.ipleaders.in/can-law-used-
instrument-creating-social-change/(last visited on November 18, 2022).
12
Introduction: towards a cross disciplinary history and global sciences, available at:
www.cambridge.org/core/journals/journal-of-global-history/article/introduction-towards-a-crossdisciplinary-history-
of-the-global-in-the-humanities-and-the-social-sciences/831C04F69C3597738, (last visited on November 20,2022).
the assistance of legislators, the study of law cannot by itself control or bring about social
change. Therefore, judges, who wield the authority of law, can utilise the law as a tool to bring
about social change. A number of societal challenges that the entire world has been dealing with
have hampered global advancements. Before discussing how the law has served as the society's
driver, it is important to be aware of some social concerns for which the law has already worked
and should continue to do so in order to eradicate them entirely from society. The following
section discusses a few of these pressing social challenges that call for the law to act as a catalyst
for social change13.

RACIAL DISCRIMINATION

One such societal issue that has plagued many regions of the world up to this point is racial
prejudice. Spreading disparity between two groups of individuals based on skin colour or
ethnicity constitutes racial discrimination. Statistics support what the majority of Americans have
said: there is still a long way to go in the fight against racial prejudice. A significant amount of
racial prejudice has been occurring in parts of America, Africa, and India. Racial discrimination
encourages social inequality, which is unfair and wrong. When looking at the overall image of
America, individuals have indicated that while the legislation has been beneficial in certain
cases, it has mostly failed to address racial discrimination in many other cases. According to the
Americans, although Democrats will believe that racial equality has not yet been attained,
Republicans will believe that the law has already achieved its goal of providing equality between
Blacks and Whites. To eradicate racial prejudice, some nations have passed anti-discrimination
Acts.

CLIMATE CHANGE

Climate change is one subject that has lately been added to the list of social issues. Because it
has a significant impact on society as a whole, climate change is a social concern. According to a
number of great men, handling climate change as a social issue would require greater
engagement from the general public in order to raise awareness of the situations that it may
cause. As a result of climatic changes, typhoons have already begun to hit a number of South

13
Dr. S DurgaLaxmi & Mrs. R Ammu, “Law as an instrument of social change for empowerment of masses”,
Indian Journal of Applies Research.
Pacific islands. Many other regions in the world are dealing with problems brought on by climate
change. Due to this problem, biodiversity on earth is gradually declining. To prevent the scope of
this societal problem from expanding, conventions, talks, and treaties are being implemented.
The application of law through treaties, acts, and conventions demonstrates that it may be used
as a tool to bring about social change. The usage of law by means of treaties, acts and
conventions shows that law indeed is an instrument to create a social change 14.

THE EXPLOITATION OF WOMEN IN INDIA

The exploitation of women and children has long been a global socioeconomic problem. This
societal problem is one of several that does in fact adhere to the cycle hypothesis. Because males
have always taken authority over women, they have been susceptible to suffrage. This has also
contributed to an increase in crimes against women relative to crimes against males. Child
trafficking, child marriage, child labour, and other forms of child exploitation are all prevalent
occurrences. In order to bring about social change and uphold children's rights and give them a
setting where they may develop into responsible members of the country, these variables have
been governed by a number of laws.

There have been several laws by which these factors have been regulated to bring in a social
change and upheld children rights so as to provide them with an environment where they can
grow to become responsible citizens of the nation15.

6. LAW: AS AN INSTRUMENT OF SOCIAL CHANGE IN INDIA

India is a diverse country inhabited by different groups of people, in India society influences
people more than in other countries because Indian society has many traditions, customs and
cultures that have a great influence on the public. Law has been a very influential instrument for

14
Law as an Instrument of Social Change, available at: https://aishwaryasandeep.com/2021/06/27/law-as-an-
instrument-of-social-change/, (last visited on November 20, 2022).
15
K.D Gaur, The Indian Penal Code,(Universal, 6th e.dn.,).
the nation to bring in social change both in the past as well as in the present. Several judgments
have also been passed by the Indian courts relating to social issues that have made people aware
of the laws that are existing so as to prevent themselves from getting affected by social issues.
Some of the social changes that have been created by law being an instrument of the same have
been provided below.

FUNDAMENTAL RIGHTS IN THE INDIAN CONSTITUTION

Fundamental rights have indeed been a reflection of law as an instrument for straying social
change. Fundamental rights enforced right to live freely under Article 21, right to free and
compulsory education, right to equality under Article 14, right to freedom under Article 19 and
several other rights that prove to be essential to make a difference in the existing society. The
fundamental rights are enforceable in the court of law which says that the people can approach
the court if there is any contravention with the fundamental rights. Right to free and compulsory
Education under Article 21A was a new addition under the right to life in the year 2002 16. The
society felt the need to educate its children in order to make them more aware of the social
change taking place around him or her. The way it was carried out was by law so as to make
education a compulsory necessity for all children up to 14 years of age 17.

PUBLIC INTEREST LITIGATION

Public interest litigation has been one such mechanism that the Supreme Court gifted to the
citizens in order to create a divergent approach towards law on the part of the people. Public
interest litigation serves as an instrument using which a person representing a group of people
can approach the court on grounds that they are affected by something which is necessary to be
prevented to avoid further sufferings. By offering public interest litigation to the citizens, the
Supreme Court has been able to reduce the extent of the locus standi thereby enabling any
public-spirited person to approach the court without any hesitation. This was indeed a great
social change brought by the Indian judiciary once again proving that law can be used as an

16
Why Fundamental Right, available at: chrome-
extension://efaidnbmnnnibpcajpcglclefindmkaj/https://legalaffairs.gov.in/sites/default/files/IV.CONSTITUTIONAL
%20PROVISIONS%20FOR%20SOCIO-
ECONOMIC%20CHANGE%20FUNDAMENTAL%20RIGHTS%20AND%20DIRECTIVE%20PRINCIPLES%20
OF%20STATE%20POLICY.pdf, (last visited on November 18,2022).
17
M.P Jain, Indian Constitutional Law, (LexisNexis, 8th edn., February, 2018).
instrument to create social change in a way as and when required by the society. Public interest
litigation has been able to provide a great impact on society in a number of cases. A notable
among all of them is the MC. Mehta v. Union of India18. In this public interest litigation, it was
urged to the Supreme Court to provide people to live in an environment that is free and healthy
in terms of water, air and the surrounding and was held that these necessities came under the
ambit of Article 21 of the Constitution.

CHILD MARRIAGE

India being the home of various religions has seen a number of traditions and customs that
became law for several years even if the customs or the traditions were not upright and fair.
Child marriage is one such unfair customs that use to prevail until the coming of the Child
Marriage Restraint Act, 1929. This Act was further amended in the year 2006 and came to be
known as the Prohibition of the Child Marriage Act, 2006. Child marriage is in one-way
exploitation against the girl child. In an age when children should pursue education, they are
married in order to remove responsibilities on the part of the parents and society. The impact of
the same on the child is severe. The legal force was necessary in order to remove this social issue
from society because society was in need of the same. Therefore legislation was brought in for
the society to follow in order to create a social change.

RAPE

More than just being a social issue, rape occurs due to the mindset of the people in the nation.
Rather than categorizing it as to who commits it and who suffers and keeping a mainstream
discussion, rape can simply be defined as sexual exploitation of a person by another person for
the satisfaction of the latter. It is only through law can there be a change in the mentality of
individuals in the society so as to stop committing such a heinous offence. India has seen a steep
rise in rape cases among the females which also say that before making the girls of our society
aware, it is necessary to educate our body on the larger part 19. A social change by bringing
change in the minds of the people can be brought about by creating a strong deterrent for the

18
1987 SCR (1) 819; AIR 1987 965.
19
Ratanlal and Dhirajlal, The Indian Penal Code,(LexisNexis India,34th edn.,).
offenders which can as well act as fear for them and make them think before committing
anything of this sort.

SECTION 377

Section 377 of the Indian Penal Code, 186020 that use to criminalise unnatural offences that is if
intercourse takes place between two men or between two women, the same will be declared as an
offence under this provision was scraped off by the Supreme Court of India on the grounds that
homosexuality is no more an offence in the eyes of law. Supreme Court in the landmark
judgment of Navtej Singh Johar v. Union of India21 decriminalised all kinds of consensual sex
among adults which were inclusive of homosexual sex also 22. This decision by the apex court
brought in a revolutionary change in the Indian society, traditions and beliefs. It was a
welcoming judgment for the majority of the people especially the queer community. The
Supreme Court in a way established Article 21 once again placing that every individual has a
right to life and personal liberty which should not be curbed due to societal norms 23.

7. LOOPHOLES IN THE LAW TO MAKE A SOCIAL CHANGE

We have previously looked at how law can be used as a tool to create social change, and how
law can help to have an impact on society. It is now necessary to identify the shortcomings of
20
Indian Penal Code, 1860
21
AIR 2018 SC 4321.
22
P.S Atchuthen Pillai, Criminal Law,(LexisNexis, Gurgaon,14 th ed,2019).
23
P.S.A PILLAI, The Indian Penal Code, (LexisNexis).
law as a tool for bringing about social change in order to remedy these shortcomings and make
law an effective tool for bringing about social difference.
We discuss several societal issues that law enforcement controls but has not eliminated.
Because social problems take time to resolve, laws should be strong enough to hasten this
change. Rape laws have been passed, but rape has not decreased. Every other day, a rape story
hits the papers. This clearly shows that existing laws are not enough to bring about social
change. Racism and caste discrimination persist to this day. Protests, mass rallies, everything
fails because the existing laws don't have a strong foundation for social impact. Homosexuality
has become mainstream, but not many people accept it because it goes against social norms.
Therefore, there is a need to address these social issues through more law enforcement so that
people start to take the law seriously and carefully24.

8. HOW DO LAWS AND LEGAL SYSTEM AFFECT ECONOMIC

DEVELOPMENT

Law and business are two inseparable fields. Concepts such as custom, future, sovereignty, and
scarcity are relevant to both law and economics, as are the principles surrounding property or

24
How can be the law used as an instrument to create Social Change, available at: https://blog.ipleaders.in/can-law-
used-instrument-creating-social-change/, (last visited on November 17, 2022).
contracts (Commons, 1924). Black's Legal Dictionary (Garner, 2004) defines law as a legally
binding set of rules of action or conduct prescribed by a regulatory body; a legal system is a
system that establishes laws. A legal system can refer to a set of principles governing legal
authority, or it can be a systematic expression of a governing body. Economic growth and
development can have many meanings, but generally means improving economic well-being
by making a country more prosperous. While economic growth is limited to quantifiable
outcomes such as increased gross domestic product, economic development will also include
factors that contribute to economic prosperity, such as development of infrastructural facilities.
Economic growth is a process of economic development.

The primary role of government in the business world is to formulate and enforce laws and
regulations that promote the country's economic growth and development, with the needs and
values of the private sector driving the operations of the public sector. Laws play two roles in
promoting the economic development of a country. The first is the allocation dimension,
through which the law decides what resources should be placed where, where the resources
come from, what they are used for, and so on. The law decides whether the state allocates
resources or whether market forces decide for themselves. The second is the procedural
dimension, which determines how effective law enforcement is and whether legal institutions
function in accordance with the goals of achieving economic growth and development. The
system can be discretionary, where the state can change the laws as it pleases, or rule-based,
where it must abide by specific legal rules or principles. These two aspects of law and the rule
of law are broadly the determinants of a country's economic development, preferably with a
market-driven configuration function and a rule-based policy function to achieve the best
development of the country's economy. In previous chapters I discussed the microdeterminants
of law and legal institutions.

Former vice-president Hamid Ansari also highlighted the link between laws and legal systems
that affect economic development, saying at the Bihar Chamber of Commerce and Industry
that the rule of law is a prerequisite for attracting foreign investment and boosting economic
growth. Global Governance Indicators creates a dataset showing various parameters related to
the laws and legal systems that affect the economic development of a country, I selected three
countries: India, the United States and China, and I analyzed the changes in the index over the
past decade.

9. ROLE OF LAW AND LEGAL SYSTEM IN ECONOMIC

DEVELOPMENT OF INDIA
The link between the law, legal systems, and economic growth in India may be inferred from two
main assertions. The first assertion is that "law" controls a company's access to its finances and
its capacity to acquire money for its operations; the second is that a country's legal system and
legal history significantly influence how adaptable it is to modify, accept, and evolve its laws
and regulations. The work of Armour and Lele supports both of my assertions (2009). The rules
pertaining to the protection of equity investors have multiplied in India as a result of the direct
association between the effectiveness of the legal framework to protect investors and the growth
of the external finance industry. Second, sectors dependent on equity capital, such as the
software or pharmaceutical industries, have expanded far more than sectors dependent on debt
finance, such as the heavy industrial sectors. As strong rules have been created to improve the
process of raising equity financing when compared with debt financing, we may draw a
connection between the function of the legal system and the expansion of the sectors at this
point.

The post-independence regulations of India were incredibly feeble and ineffectual, which
prevented the development of industry. The Companies Act of 1956, for instance, lacked
measures allowing businesses to continue operating amid corporate reorganisations and contract
discussions (Batra, 2003). With the passage of laws like the Foreign Exchange Management Act
1999 and the founding of organisations like the Securities and Exchange Board of India and the
National Stock Exchange in 1992, the 1991 New Economic Policy brought about significant
improvements to the investment climate in India. These legal system modifications made a
significant contribution to the financial system's easing, which aided in economic growth.
 Figure 1- Source: World Bank

According to research by La Porta et al. (1997), a region's ability to attract foreign investment
rises when it provides shareholders and investors with legal protection. India thus has a well
advanced equity market. In India, the service sector accounts for 53.89% of the country's GDP
(Figure 2). Typically, businesses in the service sector lack the tangible assets needed to serve as
security when seeking debt financing, making equity financing their main source of funding. Due
to India's strict enforcement of equity fi
financing
nancing regulations, more capital is now being invested
in attractive industries, which has helped the country's economy flourish.

The contrast between common law and civil law jurisdictions, as well as the history of the
nation's legal system, serve as the main foundations for the assertion of "legal origin" (LaPorta,
Lopez-de-Silanes
Silanes and Shleifer, 2006). The difference between the two types of legal systems
isn't always practical because countries frequently have hybrid legal systems, which has led
some academics to question this categorization (Siems, 2006). To understand how the legal
systems affect economic growth in a country, we may remain with the common law-civil
law law
division, though. Laws under common law systems are more prone to changes in economic
econ
situations since they are applied on a case
case-by-case
case basis, whereas laws under civil law systems
are rigid and can only be controlled by government regulations. In addition, judges in common
law systems are watchful, have a fair amount of influence over legislation, and can thus defend
private property from state intrusion. On the other hand, because of the legislature's unbalanced
control over both the creation of laws and the appointment of judges, judges are unlikely to
choose to defend investor property over state property. India benefits from allowing the judiciary
to have adequate control over the legal system because it is a common law nation. Another factor
causing economic prosperity in India is the expansion of equity finance 25.

Even though we have a common law system in place, it is very challenging for judges to be as
active as expected because of the enormous volume of cases they have on their dockets, which
prevents them from functioning as effective enforcers of economic progress. A nation's economy
depends heavily on the settlement of conflicts, in addition to being proactive and adaptable in its

25
What Role do Legal Institutions play in development, available at: chrome-
extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.imf.org/external/pubs/ft/seminar/1999/reforms/trebil.pdf
,(last visited on November 20,2022).
legislative framework to support development. The country's systems for enforcing contracts are
vital in determining the movement of capital. India ranks 163 on the World Bank's "ease of doing
business" ranking26, which considers contract enforcement as a key factor. Financial companies
are hesitant to invest in India as a result of its low ranking on the ease of doing business index,
which reduces the potential for economic growth. India does poorly in this area since it takes the
nation over 1,445 days to resolve a contractual dispute and because there are close to 1,000 cases
that have been waiting for more than 50 years (Shukla, 2020). India's courts have exceptionally
high pendency rates, which, tragically, are rising Low per capita judge numbers and unjustified
judicial position vacancies are two things that contribute to the judiciary's backlog (Debroy,
2000).

Financial companies are hesitant to invest in India as a result of its low ranking on the ease of
doing business index, which reduces the potential for economic growth. India does poorly in this
area since it takes the nation over 1,445 days to resolve a contractual dispute and because there
are close to 1,000 cases that have been waiting for more than 50 years (Shukla, 2020). India's
courts have exceptionally high pendency rates, which, tragically, are rising (Figure 3). Low per
capita judge numbers and unjustified judicial position vacancies are two things that contribute to
the judiciary's backlog (Debroy, 2000)27.

26
Law & Economics: The Role of Law & Legal System in economic development with a special emphasis on India,
available at: https://articles.manupatra.com/article-details/Law-and-Economics-The-role-of-law-and-legal-systems-
in-economic-development-with-a-special-emphasis-on-India ,(last visited on November 20, 2022).
27
What Role do Legal Institutions play in development, available at: chrome-
extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.imf.org/external/pubs/ft/seminar/1999/reforms/trebil.pdf
,(last visited on November 20,2022).
CONCLUSION

The law is an ideal tool to uphold justice and ensure a society free from lawlessness. With the
court ruling aimed at changing the system, there was a wave of positive social change. An
example of legislation that could spur social reform is the landmark SC decision to ban criminals
from voting in elections. Law has enormous potential to trigger meaningful social change.
Legislative changes have changed the face of many cultures around the world. In some
developing countries, problems such as low literacy and gender inequality have been eliminated
due to legal frameworks that address them. Legislation has the power to effect social change. It
aims to create a social order that protects human rights. As mentioned above, laws and the legal
system are the main determinants of a country's economic development. The interplay between
the distributive and procedural dimensions of the legal system produces positive economic
changes. In the Indian context, law has played an extremely important role in economic
development.

The Indian legal system governs access to financing for companies, which is one of the
necessary prerequisites for economic development, and the origin of the legal system is
important in assessing the flexibility of the law. India's economic development and deficits are
related to the strengths and weaknesses of the legal system. The distinction between common
law and civil law systems and their role in economic development and analysis of court
jurisprudence are explained with reference to India. Therefore, it can be concluded that laws and
legal system play an important role in the economic development of a country, but this is not a
rule of thumb as there are many other factors besides the legal system.
BIBLIOGRAPHY

BOOKS REFERRED AUTHOR

Sociology: Principles of Sociology with an Introduction to Social C N Shankar Rao

Thoughts

Essential Sociology Shruti Jhakhar & Nitin Sangwan

Introduction to Constitution of India Dr. D. D basu

Constitutional Law of India Dr. J.N Pandey

The Constitution of India P. M Bakshi

Constitution of India V.N Shukla

The Wealth of Nation Adam Smith

Indian Economy Nitin Singhania

Principle of Economics Dr. S. R Myneni

WEBSITES BROWSED:

 www.jstor.com
 www.heinonline.com
 www.scc.com
 www.manupatra.com
 www.shodganga.com