Interoduction-

There is a close relationship between law and public opinion. Laws, in

Democracy, are deep-rooted in public opinion. In these days of Democracy the most important
source of law is legislature, a body of people's representatives. This body represents the public
will.
It is true, that the people do not frame the laws directly but we should not forget that they elect
their representatives to the legislature. Their representative should not, and do not go against
the will of the people who are the electors.
When the people or electors want certain laws to be replaced or modifiers, their representatives
do the needful. It is quite clear in this way that there is a close affinity between public opinion
and law because laws represent the will of the people. Laws are supposed by public opinion.
Laws which are supported by public opinion are not effective and are hardly obeyed by the
people. For example, after Chinese aggression on India in 1962, the Government of India
framed two laws: Compulsory Deposit Scheme and Gold Control Rules. Unfortunately, these
laws were not supported by public opinion.
As a result, people carried out demonstrations against these laws. In the end, the Government
of India ad to modify these laws. This makes it very clear that in Democracy only those laws are
framed which are supported by public opinion. If such laws are not framed people reserve the
right to carry out peaceful demonstrations.
Thus, it is quite clear that there is a close affinity between law and public opinion. Before arriving
at any conclusion it would be better for us to ponder over the term public opinion. By public
opinion, we mean an opinion held by people for the common welfare. "In any community of men
that which has assured the character of public opinion is the Who opinion of all its members but
only of those persons, few or many who are led to think and to form judgment regarding matters
of general interest"

Public Opinion
There cannot be a precise definition of public opinion. It can be referred to as
the general opinion of the people on the issue of public interest. It is not the majority opinion.
Furthermore, unanimity is also not required. In case the majority advocates an opinion
espoused for the purpose of furthering their selfish gains then there is no involvement of public
opinion. The minority must also support it.A. L. Lowell has rightly said that- “Public opinion is the
opinion held by the majority and passively acquiesced in by the minority.”
In case a situation arises in which the majority opinion is directly in conflict with that if the
minority, then we cannot call it public opinion. If the opinion causes detriment to the interest to
any class or community then it cannot be the public opinion. Common good of the society must
be the aim of public opinion

Public Opinion and Law in a Democracy:

Law and public opinion are closely knit together. In a democratic setup laws are deeply rooted in
public opinion. In a democracy,legislature is the most important source of law.Legislature is a
body of the representatives of the people. The will of the public is represented by thepublic.[4]
There is no doubt that laws are not framed directly by the people but one must not forget that
the people elect their representatives to the Legislature. It should not be the tendency of the
these representativesto not go against the will of the people.[5]
If the people or electors feel the need of replacing or modifying certain laws then their
representatives do the needful. From this it is evident that close proximity is present between
public opinion and law due to the reasonthat the will of the people is represented by the laws.
Laws which do not have the support and backing of the public opinion are not effective and
people hardly obey these laws. For instance, after China attacked India in 1962, two laws were
framed by the Indian Government: Compulsory Deposit Scheme and Gold Control Rules.
However, the unfortunate part was that these laws did not have the support of public opinion.
Resultantly, demonstrations were carried out by people against these legislations. Eventually
the Government had no option but to make modifications in these laws. From this it is clearly
evident that in a democratic nation only those legislations are enacted which have the support of
public opinion.

Effects of Public Opinion on Law:

Social change can be effected by legislation only when legal sanction is given to the prevalent
social norm. A legislation cannot, by itself,replace one norm with another. Social change cannot
be brought about by unaided social legislation. However, once it gets the backing of public
opinion it can aid in initiating changes in social norm and subsequently a change in the social
behaviour. This can be better understood with the help of certain examples of social legislations
formulated in India.[6]
Various social legislations came up in India, before as well as after gaining independence,in
order to bring about social change. A number of these became successful while there a few
others which still remain as dead letters. Legislations securing the support of the public as well
as of the social norms went on to become a great success.
For instance, in the year 1955 the Hindu Marriage Act was enacted which enforced monogamy
and introduced the concepts of judicial separation and divorce. Though Hindus allowed for
polygamy, monogamy was practised by majority of the people. Therefore, the public opinion
supported monogamy.
A number of social changes could be brought about by the Hindu Marriage Act of 1955. All
caste restrictions were abolished by the Act. All Hindus, irrespective of their castes, have the
same rights regarding marriage. There is no bar on inter-caste marriages.
Similarly, the Hindu Succession Act, 1956,was able to attain success. For the first time absolute
property rights were given to the Hindu women by the Act. The Act allowed both sons and
daughters to get the right of inheritance of property.

The Relationship between Law and Public Opinion can be summarized through the
following points:
1.Influence on Law:Public opinion can influence the development of laws and regulations.
Lawmakers often take into account the views of their constituents when creating or amending
laws. This can be seen in instances where laws are passed to address public concerns or to
regulate behaviors that are deemed unacceptable by the public.

2.Influence on Enforcement:Public opinion can also influence the enforcement of laws. Law
enforcement agencies may prioritize certain crimes or activities based on the perceived level of
public concern. For instance, if a particular crime or activity is perceived to be a serious threat to
public safety, law enforcement agencies may allocate more resources towards combating it.

3.Influence on Attitudes:The law can shape public opinion by influencing attitudes and norms.
Laws that criminalize certain behaviors can help to shape societal attitudes towards those
behaviors. Over time, legal decisions and judicial rulings can also influence public opinion on
issues such as civil rights and social justice

4.Conflicting Opinions:The relationship between law and public opinion is not always
straightforward. In some cases, public opinion may be at odds with the law, leading to debates
and conflicts over the legitimacy of certain laws or legal decisions.

5.Influence on Legal Activism:Public opinion can also shape legal activism, such as advocacy
for certain legal reforms or challenges to existing laws. If the public perceives a particular law or
legal decision as unjust, there may be increased pressure on lawmakers and the legal system to
address these concerns.