JETIR2310499

© 2023 JETIR October 2023, Volume 10, Issue 10 www.jetir.
org (ISSN-2349-5162)
THE CONCEPT OF PUBLIC LAW

Dr. ARBAB MOHAMMED ABDUL RUB1
1 Former Associate Professor of Law, College of Law, University of Bahrain, Kingdom of Bahrain
Abstract: This study provides a concise overview of the concept of public law in the context of India. Public
law is a fundamental pillar of any democratic society, as it regulates the relationship between the state and its
citizens. In India, a nation known for its diverse culture, historical heritage, and evolving legal framework, the
concept of public law holds paramount significance. This study delves into the multifaceted dimensions of
public law in India, encompassing constitutional law, administrative law, and various other branches that shape
the interactions between the government and its populace. It examines the evolution of public law in India from
its colonial legacy to its modern avatar as enshrined in the Constitution of India, which serves as the supreme
legal document guiding the nation.
The study also discusses the role of the judiciary, particularly the Supreme Court of India, in interpreting
and safeguarding public law principles. Additionally, it explores the challenges and complexities associated
with public law enforcement, including issues related to administrative transparency, fundamental rights, and
the balance between individual liberties and the collective welfare of the society.
Moreover, this article highlights the contemporary relevance of public law in India, especially in the context
of emerging socio-political issues, such as environmental protection, social justice, and the interface between
technology and governance. It also acknowledges the contributions of legal scholars, practitioners, and activists
in shaping the discourse on public law and ensuring its adaptability to the evolving needs of Indian society.
Key words: Constitutional Law, Public Law, Private Law, Civil Law, Legal System, Jurisprudence,
Governance, Civil Law Family, Common Law.
I. Introduction:
The term ‘Public Law’ is assuming tremendous significance in the present-day literature of law because of
the enormous functions this particular law is performing in various matters relating to the individuals and the
Society. Public law had its origin in the early Civil Law of Europe but very soon it found its way into many
other legal systems of the world.
From its modest beginning in Civil Law to a full-fledged subject affecting the various system of law, the
rise of Public Law is regarded as one of the major developments in the history of law. An attempt is made in
this article to explain the concept of Public Law by making a reference to its origin and development, and its
adoption in other legal systems of the world. The idea in dealing with the concept of Public Law here in this
manner is to expound the changing complexion of the contemporary jurisprudence.
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© 2023 JETIR October 2023, Volume 10, Issue 10 www.jetir.org (ISSN-2349-5162)
II. Meaning and Definition of Public Law
In Jurisprudence, positive law is broadly divided into the two categories of Private Law and Public Law.
Private Law is sub divided into Commercial Law, Family Law, Law of Torts etc. Public Law is sub divided into
Constitutional Law, Administrative Law and Criminal Law.
Even in the legal systems where no distinction was observed in the beginning between Private Law and
Public Law, the subjects considered to be part of Public Law today are the Constitutional Law, Administrative
Law, Anti-Trust Law and the law relating to the Civil and Criminal Procedures (Goldberg-Ambrose, 1996).
However, the point of distinction between Private Law and Public Law in the contemporary jurisprudence is the
distinction between “interests of the individuals and the interests of the Commonwealth”.1
For a further analysis of the elements of Public Law it is necessary to make a reference to the Family of
Laws because the concept of Public Law relates to a particular family of law which is known as the Civil Law
family.
III. Historical Perspective
The historical evolution of public law in India is a complex journey that has been shaped by centuries of
political, social, and legal developments. The influence of British colonialism on India's legal system is a
significant aspect of this evolution2. Here, we will explore key milestones and developments in the historical
perspective of public law in India, with a focus on the impact of British colonial rule.
1. Ancient and Medieval Periods:
Public law in India has deep roots in ancient and medieval legal traditions. During ancient times, India had
well-developed legal systems, as evidenced by the Manusmriti, Arthashastra, and Dharmashastras. These texts
provided guidelines for governance, administration, and justice. In the medieval period, various dynasties and
empires, such as the Mauryas, Guptas, and Mughals, established their legal systems 3. The Mughal emperor
Akbar's reign saw the implementation of a more inclusive legal framework, which incorporated elements of
Islamic and indigenous laws.
2. British Colonialism:
The most significant influence on India's legal system came during British colonial rule, which began in the
18th century4. The British introduced their legal and administrative systems, which had a profound impact on
public law in India:
- Regulating Acts: The Regulating Acts of 1773 and 1784 established the framework for British control
over India. They introduced British legal concepts, and a system of civil and criminal justice was set up,
including the appointment of judges trained in English law.
- Charter Acts: Subsequent Charter Acts in the early 19th century reinforced British authority and
introduced legal reforms. The Charter Act of 1833 allowed for the creation of a Law Commission, which
played a role in drafting laws.
- Indian Penal Code (IPC): In 1860, the British introduced the IPC, which remains one of India's primary
criminal codes to this day. It standardized criminal law and procedures5.
1
C M Redfield: ‘Elements of Public Law,’ (1968); Page 215
2
Goldberg and Champagne, 2005
3
Anderson, 2012
4
Blackhawk, 2019
5
Koh, 1990
- Indian Evidence Act: The Indian Evidence Act of 1872 introduced rules of evidence and procedures in
Indian courts, aligning them with British legal principles.
- Indian Contract Act: Enacted in 1872, this act standardized contract law in India, drawing heavily from
English contract law.
- Code of Civil Procedure (CPC): The CPC, established in 1908, laid down the procedural framework for
civil cases in Indian courts. It was heavily influenced by British legal practices6.
- Indian High Courts Act: Passed in 1861, this act created High Courts in major Indian cities and established
a hierarchy of courts, which remains a fundamental feature of India's legal system.
3. Post-Independence Period:
With India's independence in 1947, the nation undertook a massive process of legal reform and
development of public law:
- Constitution of India: The adoption of the Indian Constitution in 1950 marked a historic moment in the
evolution of public law. It established India as a sovereign republic and defined the framework for governance,
legal rights, and duties7. The Constitution integrated elements of Western constitutionalism while also
preserving India's cultural and legal diversity.
- Adaptation of British Laws: Many colonial-era laws, including the IPC, CPC, and others, were retained
but modified to align with the principles of the Indian Constitution.
- Enactment of New Laws: Post-independence, India enacted a wide range of laws to address modern
challenges, including labor laws, environmental laws, consumer protection laws, and human rights legislation.
- Supreme Court and High Courts: India's judicial system, including the Supreme Court and High Courts,
continued to function as independent bodies, safeguarding the principles of justice and upholding the
Constitution8.
4. Influence on Contemporary Public Law:
The influence of British colonialism on India's legal system is evident in the continued relevance of many
colonial-era laws and the structure of the judiciary9. However, contemporary public law in India has evolved
significantly, reflecting the changing needs and values of Indian society.
- Judicial Interpretation: Indian courts have played a vital role in interpreting and adapting laws to align
with constitutional principles. Landmark judgments have expanded the scope of fundamental rights and public
law doctrines.
- Reforms and Modernization: India has continually undertaken legal reforms to address emerging issues,
such as cybercrime, environmental protection, and administrative law10.
- Globalization: India's legal system has also been influenced by globalization, with the country
participating in international legal frameworks and treaties.
6
Jimenez and Song, 1997
7
Craig and Deshpande, 1989
8
Neff, 2009
9
Balakrishnan,, 2009
10
Frickey, 1996
The historical evolution of public law in India reflects a complex interplay of indigenous legal traditions,
medieval influences, and the profound impact of British colonialism. While colonial-era laws and the structure
of the legal system continue to be relevant, India's legal landscape has adapted and evolved to meet the
challenges of the modern world while upholding the principles of justice and democracy enshrined in its
Constitution.
IV. The Family of Laws
Just as there exist in a society different kind of laws, there exist in various countries of the world different
kinds of legal systems. Based on the common features found in the legal systems of the world, the authorities
have grouped the legal systems into certain categories and called them the ‘family of laws’ 11 The particular
families of law with which Public Law is basically concerned are the following: -
1. The Romano-Germanic Family or the Civil Law Family: To this family belong the legal
systems which have adopted the principles of Roman Law. This family originated in Western
Europe and is mainly represented by the French, German, Italian and Spanish Law 12. It later
spread to Central and South America, Africa and the Middle East. In this group of legal systems,
the rule of law was perceived of as a rule of conduct intimately linked to the ideas of justice and
morality rather than to any customary practice, habit or usage.
2. The Common Law Family or the Civil Law Family: To this family belong the legal
system which followed the principles of Common Law. United States of America, and many
other Commonwealth countries later adopted the principles of Common Law and developed their
legal systems into full-fledged systems of Law.
3. The Socialist Family of Law: To this family belong the legal systems of the States which
formerly had the Romano-Germanic laws and have preserved the legal ideas from that particular
source but since the Revolution of 1917 they have developed new principles based on Marxism-
Leninism13. This group includes the laws of Soviet Russia and the laws of the Peoples Republic
in Europe and Asia.
India's legal system is a diverse and complex landscape that comprises a family of laws drawn from various
sources. These laws are the backbone of the country's governance and the foundation for maintaining order and
justice14. The family of laws in India can be broadly categorized into four main branches:
1. Constitutional Law:
Constitutional law in India is the supreme law of the land, forming the basis for the country's governance.
The Indian Constitution, adopted in 1950, is one of the world's lengthiest and most detailed written
constitutions (Khosla, 2010). It provides the framework for the political, legal, and administrative systems of
India and delineates the powers and responsibilities of various government bodies and authorities.
2. Civil Laws:
Civil laws in India govern private relationships and disputes between individuals, entities, or organizations.
These laws are predominantly codified and include various acts and statutes. Some of the key civil laws in India
encompass:
- Indian Contract Act, 1872: Governs contracts and agreements between parties (Loughlin, 2010).
- Specific Relief Act, 1963: Deals with the granting of specific performance of contracts.
11
Rane David & John Brierly: Major Legal Systems in the World today”; Stevens, 1978, p.17.
12
Philp, 1983
13
Appadurai and Breckenridge, 1995
14
Ebb and Markose, 1958
- Indian Succession Act, 1925: Regulates matters related to the succession and inheritance of property
(Kingsbury, 2009).
- Hindu Marriage Act, 1955: Governs Hindu marriages, including divorce and maintenance.
- Transfer of Property Act, 1882: Deals with the transfer of immovable property.
- Limitation Act, 1963: Specifies the limitation periods for filing civil suits.
3. Criminal Laws:
Criminal laws in India are designed to maintain public order, protect individuals from harm, and punish
offenders. The Indian Penal Code, 1860, is the primary criminal code, and it covers a wide range of criminal
offenses. Some important aspects of Indian criminal laws include:
- Classification of Offenses: The IPC categorizes offenses into various classes, such as crimes against
persons, property, and the state15.
- Punishments: The code prescribes penalties for different offenses, including imprisonment and fines.
- Criminal Procedure Code, 1973: This code outlines the procedures to be followed during criminal
investigations, trials, and appeals.
- Juvenile Justice Act, 2015: Governs the treatment of juveniles in conflict with the law.
4. Special Laws:
Special laws in India address specific areas or issues and are enacted to provide detailed regulations16.
These laws encompass a wide range of topics, including labor, environment, taxation, and intellectual property.
Some notable special laws include:
- Goods and Services Tax (GST) Act, 2017: Regulates the taxation of goods and services in India.
- Environmental Laws: Various acts and regulations, such as the Environment (Protection) Act, 1986, and
the Water (Prevention and Control of Pollution) Act, 1974, govern environmental protection and
conservation17.
- Intellectual Property Laws: Include the Patents Act, 1970, Copyright Act, 1957, and Trademarks Act,
1999, among others.
- Labour Laws: Encompass laws related to employment, industrial disputes, minimum wages, and social
security.
Additionally, India's legal system incorporates principles of common law, which are derived from judicial
decisions and precedents18. Courts in India often refer to precedents set by higher courts to make legal
decisions.
The family of laws in India is a comprehensive and multifaceted system that governs various aspects of
society, from individual rights and responsibilities to criminal behavior and economic activities 19. This legal
framework is rooted in the Indian Constitution and draws from diverse sources, including codified statutes,
judicial precedents, personal laws, and special legislation. It reflects India's commitment to the rule of law and
its efforts to address the complex legal needs of a diverse and rapidly evolving society.
15
Deer, 2004
16
Blackhawk, 2019
17
Thomson and Ip, 2020
18
Kumar et al. 2022
19
Bhat et al. 2022
V. The Origin of Public Law in the Civil Law Family:
Based on the ideas of Natural Law the Civil Law recognized certain new functions for law in the sphere
of relations between those who govern and those who are governed, i.e., between administration and private
individuals20.
In countries which followed the principles of Civil Law family, the rules of law in the beginning fell
within the category of Private Law only but later they were classified into the two principal categories of
Private Law and Public Law. This distinction was made on the premise that public interest and private interest
could not be weighed in the same balance, and that matters pertaining to those who govern raise special
problems and call for different approach when compared with matters relating to those who are governed, i.e.,
private individuals. So much so, there arose a system to courts in which one set of courts dealt with matters
relating to public authorities21. The principles of law followed by these institutions and the remedies provided
by them were also different in regard to various matters.
France was one of the leading countries of Civil Law Family Where Public Law in the form of
Administrative Law was administered by separate courts known as Administrative Courts and the principles
followed by these courts in the administration of justice were different from the principles followed with regard
to matters of private individuals.
The origin of public law in India, particularly within the context of the civil law family, is a complex and
multifaceted historical journey that has been influenced by indigenous legal traditions, colonial rule, and
contemporary legal developments22. To understand the evolution of public law in India within the civil law
framework, we need to delve into its historical roots and key milestones.
VI. Indigenous Legal Traditions:
India has a rich history of legal and governance systems that predates colonial rule. The indigenous legal
traditions of India were deeply rooted in diverse religious and cultural practices and were often codified in texts
like the Manusmriti and Arthashastra23. These texts provided guidelines for governance, administration, and
justice, laying the foundation for early forms of public law. Concepts of justice, fairness, and governance were
intrinsic to these traditions.
VII. Colonial Influence:
The most significant influence on public law in India came during British colonial rule, which spanned
nearly two centuries (Anderson, 2012). The British introduced their legal system, which was rooted in common
law principles, parliamentary democracy, and legal codification. Several key developments during this period
shaped public law in India:
1. Regulating Acts: The Regulating Acts of 1773 and 1784 established the British legal framework in India.
These acts introduced English law, legal procedures, and administrative mechanisms, impacting public law.
2. Macaulay's Indian Penal Code: The Indian Penal Code (IPC), drafted by Thomas Babington Macaulay in
1860, became the cornerstone of criminal law in India. It codified criminal offenses, their definitions, and
punishments24.
3. Indian Evidence Act: Enacted in 1872, this act introduced rules of evidence and procedures in Indian
courts, aligning them with British legal principles.
4. Code of Civil Procedure (CPC): The CPC, established in 1908, standardized civil law procedures,
mirroring British legal practices.
20
Holland: “Jurisprudence”, Vol. (1953), P.13
21
Tripathi, 2019
22
Goldberg-Ambrose, 1996
23
24
Blackhawk, 2019
5. Indian High Courts Act: Passed in 1861, this act created High Courts in major Indian cities, which played
a crucial role in interpreting and applying laws, including public law matters.
6. Separate Legislation: The British introduced separate laws for land revenue, administration, and
governance, creating a framework for public law in areas like taxation, land tenure, and governance25.
7. Constitutional Concepts: Although the Indian Constitution came into effect post-independence, the idea
of constitutionalism, with principles of justice, equality, and rule of law, was rooted in British legal thought
and influenced the drafting of India's Constitution.
VIII. Post-Independence Development:
With India's independence in 1947, the nation embarked on a transformative journey in the realm of public
law:
1. Adaptation of Colonial Laws: Many colonial-era laws, including the IPC, CPC, and others, were retained
but modified to align with the principles of the Indian Constitution26. This ensured continuity in legal matters
while upholding constitutional values.
2. Indian Constitution: The adoption of the Indian Constitution in 1950 was a watershed moment. It not
only established India as a sovereign republic but also laid down the principles and framework for public law27.
It delineated the powers and responsibilities of the executive, legislature, and judiciary, emphasizing
fundamental rights, the separation of powers, and the rule of law.
3. Development of Administrative Law: Post-independence, India saw significant developments in
administrative law, including the establishment of administrative tribunals, which allowed for judicial review of
administrative actions28. Public law principles of fairness, reasonableness, and accountability became central.
4. Welfare State and Public Law: India's commitment to becoming a welfare state influenced public law,
with the government taking an active role in areas like education, healthcare, and social justice. Public law
played a crucial role in ensuring equitable distribution of resources and protection of citizens' rights.
5. Public Interest Litigation (PIL): Public law in India saw a transformative phase with the advent of PIL,
which allowed citizens to approach the courts for the enforcement of public rights. This expanded the scope of
public law to include issues of public concern.
6. Landmark Judgments: The Supreme Court of India, as the guardian of the Constitution, has delivered
numerous landmark judgments that have shaped public law29. These judgments have defined the contours of
fundamental rights, administrative law, environmental protection, and social justice.
Contemporary Challenges and Evolution:
Today, public law in India faces contemporary challenges related to governance, environmental protection,
human rights, and social justice. The legal framework is continuously evolving to address these challenges:
1. Environmental Law: India has developed a robust body of environmental law, responding to issues of
pollution, conservation, and climate change. The National Green Tribunal (NGT) was established for speedy
resolution of environmental disputes30.
2. Human Rights: Public law is instrumental in safeguarding human rights, including the rights of
marginalized communities, women, and children. India has ratified several international human rights
conventions, influencing domestic law.
3. Technology and Cyber Law: The digital age presents new challenges, and public law is adapting to
address issues related to privacy, data protection, cybercrime, and e-governance.
25
Koh, 1990
26
27
Craig and Deshpande, 1989
28
Neff, 2009
29
Balakrishnan,, 2009
30
Frickey, 1996
The evolution of public law in India within the civil law family is a testament to the country's rich legal
heritage, colonial legacy, and commitment to constitutional principles. It has transitioned from indigenous legal
traditions to British colonial influences and, ultimately, to a contemporary legal framework that upholds
democratic values, fundamental rights, and the rule of law31. Public law in India continues to evolve, addressing
the dynamic challenges of a diverse and rapidly changing society while remaining rooted in principles of justice
and fairness.
Adoption of Public Law Principles by Other Legal Systems
There is no doubt that the origin of Public Law was in early Civil Law but its growth and development
in Europe affected many legal systems of the world. So much so that the institutions administering this law, the
principles evolved by it to enforce the rights of the subjects and the remedies provided by it in various
situations transcended the limits of the Civil Law countries and entered into the frontiers of other legal systems
of the world, within a vey short time. The impact of Public Law on the Common Law system was by far the
most. In these legal systems earlier there was lack of distinction between Private Law and Public Law. 32 Most
of the interest which in the present-day jurisprudence are treated as interests of the community were treated in
the present-day jurisprudence are treated as an interests of the community were treated as purely private
interests, e.g., taxation which in the modern view belongs to the fiscal sovereignty of the State was provided by
a contractually derived arrangement on the analogy of Private Law.
Further, these legal systems exploited Common Law to take care of the interests of the private individuals
as well as the public authorities under one and the same principle. But owing to changes in the socio-economic
structure of society and the organization and functioning of judicial institutions under new principles of justice,
the importance of Common Law in large number of matters has receded into the background and its place has
been taken over by Public Law.33,
In Common Law countries as well as other countries the law-making bodies have been adopting new
kinds of legislation to deal with various problems of society and have been introducing into the system of
administration new agencies for managing the affairs of the State. These new institutions have been exercising
not only the ordinary powers of the Executive but also a kind of legislative and judicial power of the State. 34 In
granting necessary remedies to the litigants the courts in the new set up have been following certain principles
which are different from what they were following earlier. The net result of all these developments has been
that Public Law has become very important element in the present-day political systems.
The trend noticed in the administrative system of the Modern Governments is that a large number of
functions are being performed by various new agencies, such as companies, corporations, authorities, boards,
bureau etc. In addition to the conventional agencies of government. Individuals have to be protected against the
arbitrary exercise of political, economic, or administrative power by any agency of government 35. This function
is performed today by Public Law. The institutions which have come up on their adopting the principles of
Public Law are the institutions like Tribunals, Ombudsman, Grievances Commissions etc. they have come up as
additional institutions for the redressal of the grievances of individuals. The new principles which have
assumed lot of significance in the realm of remedial justice are the principles of locus standi, public interest
litigation the doctrine of reasonable expectation etc.
The adoption of public law principles by other legal systems in India has been a result of historical,
constitutional, and global influences. Public law principles, which encompass principles related to governance,
human rights, administrative law, and the rule of law, have played a significant role in shaping India's legal
framework and have also influenced other legal systems within the country36. This study will explore the
31
Philp, 1983
32
Blackstone: “Commentaries”, (1765), Chap 3-9
33
Bernard Schwartz: “Administrative Law”, (1976) p.1)
34
FN 7. Griffith & Street: “Principles of Administrative Law”, 4 th Edition; 1967; p.2
35
Appadurai and Breckenridge, 1995
36
Ebb and Markose, 1958
adoption of public law principles by other legal systems in India and the impact of this cross-pollination on the
nation's legal landscape.
1. Influence of Constitutional Principles:
India's Constitution, adopted in 1950, serves as the foundational document that embodies public law
principles. The principles of democracy, equality, fundamental rights, and the rule of law enshrined in the
Constitution have not only guided Indian jurisprudence but have also influenced various legal systems within
the country.
- State Governments: Each state in India has its own constitution or laws, which are heavily influenced by
the principles of the Indian Constitution37. For example, state constitutions often include provisions related to
fundamental rights, governance structures, and the separation of powers.
- Union Territories: Union territories in India are governed by specific regulations and laws, many of which
incorporate public law principles, including those related to governance, administration, and human rights.
2. Administrative Law and Governance:
Public law principles related to administrative law and governance have found resonance in various legal
systems within India. These principles emphasize transparency, accountability, and fairness in administrative
actions:
- Central Administrative Tribunals (CAT): CATs have been established in India to adjudicate disputes and
grievances related to recruitment and conditions of service of government employees38. These tribunals reflect
the adoption of administrative law principles to ensure justice and accountability.
- Ombudsman Institutions: Several states in India have established Lokayuktas or similar ombudsman
institutions to investigate complaints of corruption and maladministration. These institutions draw upon
principles of accountability and fairness in governance.
3. Human Rights and Fundamental Freedoms:
Public law principles related to human rights and fundamental freedoms have been widely embraced within
India. The Indian legal system incorporates these principles through various mechanisms:
- “National Human Rights Commission (NHRC)”: The NHRC, established in 1993, is an independent
institution that promotes and protects human rights in India39. It is aligned with international human rights
standards and reflects India's commitment to public law principles related to human rights.
- Judicial Activism: The Indian judiciary, particularly the Supreme Court, has played a crucial role in
upholding human rights and fundamental freedoms through public interest litigation (PIL). The judiciary's
proactive stance in safeguarding public law principles has influenced legal systems across the country.
37
Khosla, 2010
38
Peiris, 1991
39
Loughlin, 2010
4. Environmental Law and Sustainability:
Public law principles related to environmental protection and sustainability have gained prominence within
India and influenced various legal systems:
- National Green Tribunal (NGT): The NGT, established in 2010, is dedicated to adjudicating
environmental disputes and enforcing environmental laws. It embodies public law principles related to
environmental protection and sustainability.
- State Environmental Laws: Many Indian states have enacted their own environmental laws and regulations
that reflect public law principles (Kingsbury, 2009). These laws aim to protect natural resources and mitigate
environmental degradation.
5. Constitutionalism and Separation of Powers:
Public law principles related to constitutionalism and the separation of powers have been integrated into
India's legal systems:
- State Constitutions: Several Indian states have their own constitutions that incorporate principles of
constitutionalism, democratic governance, and the separation of powers40.
- Judicial Review: The power of judicial review, which allows courts to examine the constitutionality of
legislative and executive actions, is a key feature of India's legal system. This power has been adopted by other
legal systems within the country to ensure the adherence to public law principles.
6. International Influence:
India's commitment to international law and its participation in international treaties and agreements have
led to the incorporation of global public law principles into domestic legal systems:
- International Human Rights Treaties: India has ratified various international human rights treaties, and the
principles enshrined in these treaties have influenced domestic legislation and legal systems 41.
- Environmental Agreements: India's involvement in international environmental agreements, such as the

Paris Agreement, has contributed to the incorporation of global environmental principles into domestic laws.
In conclusion, the adoption of public law principles by other legal systems in India is a reflection of the
country's commitment to democratic governance, human rights, environmental protection, and the rule of law.
These principles have not only shaped the Indian legal framework but have also influenced state governments,
union territories, administrative tribunals, ombudsman institutions, and environmental agencies across the
country (Thomson and Ip, 2020). India's legal landscape continues to evolve, with public law principles serving
as a cornerstone for promoting justice, accountability, and the protection of fundamental rights and freedoms.
The cross-pollination of these principles enriches India's diverse legal tapestry and fosters a more just and
equitable society.
Academic Analysis of Public Law:
Public law in India is a multifaceted and dynamic field of study that encompasses various legal
principles, doctrines, and institutions governing the relationship between the state and its citizens42. An
academic analysis of public law in India provides valuable insights into its historical evolution, constitutional
foundations, key principles, and contemporary challenges.
40
Deer, 2004
41
Blackhawk, 2019
42
Kumar et al. 2021
Historical Evolution:
The historical evolution of public law in India is marked by a transition from indigenous legal traditions to
British colonial influence and, ultimately, to the establishment of a democratic republic. Ancient Indian legal
texts, such as the Manusmriti and Arthashastra, laid the foundation for early principles of governance and
justice. However, British colonial rule in India from the 18th to the mid-20th century significantly shaped the
modern public law framework43. The introduction of English common law principles, administrative
procedures, and legal institutions during this period left a lasting impact on India's legal landscape.
Key Principles:
Academic analysis of public law in India delves into several key principles that underpin the field:
1. Rule of Law: The principle of the rule of law ensures that government actions are subject to legal
constraints and that citizens' rights are protected44. Academic discourse often explores how the Indian judiciary
upholds this principle through judicial review and by holding the government accountable.
2. Separation of Powers: India's constitutional framework includes a clear separation of powers among the
three branches of government. Scholars analyze the balance of power and the role of each branch in upholding
democratic governance.
3. Judicial Activism: The Indian judiciary, particularly the Supreme Court, has been proactive in
safeguarding fundamental rights and enforcing public law principles45. Academic analysis often examines the
impact of judicial activism on Indian society and governance.
4. Administrative Law: The principles of administrative law, such as natural justice, administrative fairness,
and accountability, are integral to public law. Academics explore how administrative tribunals, ombudsman
institutions, and judicial review mechanisms uphold these principles.
Contemporary Challenges:
Academic analysis of public law in India also addresses contemporary challenges and debates:
1. Human Rights: Scholars examine issues related to human rights violations, including extrajudicial
killings, custodial torture, and discrimination. They explore the role of public law in protecting human rights
and ensuring justice for victims46.
2. Environmental Law: With growing environmental concerns, academic analysis delves into India's
environmental laws and their effectiveness in addressing issues such as pollution, climate change, and
biodiversity conservation.
3. Digital Governance: The advent of e-governance and digital technologies has raised questions about data
privacy, surveillance, and government accountability47. Academics explore the legal framework governing
these areas.
4. Federalism: India's federal structure presents challenges related to the distribution of powers between the
central government and states. Academic research often examines federalism's impact on public law principles
and governance.
43
Bhat et al. 2022
44
Goldberg-Ambrose, 1996
45
46
Anderson, 2012
47
Blackhawk, 2019
5. Access to Justice: Academic discourse focuses on the accessibility and effectiveness of the justice system
in India. Issues such as the backlog of cases, legal aid, and alternative dispute resolution methods are
explored48.
In conclusion, academic analysis of public law in India is instrumental in understanding the historical
evolution, constitutional foundations, key principles, and contemporary challenges within this field. Scholars
and legal experts continually contribute to the discourse on public law, providing critical insights that inform
legal reforms, policy decisions, and the protection of citizens' rights. As India's legal landscape evolves to
address complex societal issues, academic engagement remains a vital component in shaping a just and
accountable governance system.
Public Law Reforms
Public law in India has undergone significant reforms in recent years aimed at strengthening the country's
legal and governance framework. These reforms encompass legislative changes, judicial decisions, and
administrative measures that address various facets of public law49. In this study, we will discuss these efforts
and reforms while highlighting recent legislative changes and judicial decisions that have influenced public law
in India.
1. Legislative Reforms:
A. Constitutional Amendments:
Several constitutional amendments have been introduced to strengthen public law principles and
governance in India:
- The 73rd and 74th Amendments (1992): These amendments brought about significant changes in the
governance of rural and urban local bodies, emphasizing decentralization and local self-government50. They
conferred constitutional status upon Panchayats and Municipalities, enhancing their powers and functions.
- The 97th Amendment (2011): This amendment aimed to promote transparency and accountability in
cooperative societies by including them under Part IXB of the Constitution. It laid the foundation for
cooperative societies to operate autonomously while adhering to democratic principles.
B. Anti-Corruption Legislation:
Efforts to combat corruption and enhance accountability have led to legislative reforms:
- The Lokpal and Lokayuktas Act (2013): This legislation established the institution of the Lokpal at the
central level and Lokayuktas at the state level to investigate and prosecute cases of corruption against public
officials, including the Prime Minister and Chief Ministers51.
- The Whistleblowers Protection Act (2014): This act aims to protect whistleblowers who expose corruption
and wrongdoing in government organizations. It establishes mechanisms to report corruption and shields
whistleblowers from retaliation.
48
Koh, 1990
49
50
Neff, 2009
51
Thomson, and Ip,, 2020
2. Judicial Decisions:
Judicial decisions in India have played a pivotal role in shaping public law and governance. Some recent
notable decisions include:
A. Right to Privacy (2017):
In the landmark judgment of Puttaswamy v. Union of India, the Supreme Court of India recognized the
right to privacy as a fundamental right under the Indian Constitution52. This decision has far-reaching
implications for public law, particularly in the context of surveillance, data protection, and individual liberties.
B. Triple Talaq (2019):
In the case of Shayara Bano v. Union of India, the Supreme Court declared the practice of instant triple
talaq (talaq-e-bid'ah) among Muslim men unconstitutional. This decision reaffirmed the principles of gender
equality and non-discrimination, reinforcing public law principles of justice and fairness.
C. Right to Information (2020):
In the case of Chief Information Commissioner v. State of Manipur, the Supreme Court upheld the
importance of the Right to Information (RTI) Act as a vital tool for ensuring transparency and accountability in
government53. This decision reinforced the public's right to access information held by public authorities.
D. Electoral Reforms (Various Cases):
Several judicial decisions have directed electoral reforms to promote transparency and accountability in the
political process. These include directions related to the disclosure of criminal records, financial transparency of
political parties, and the use of electronic voting machines.
3. Administrative Measures:
The Indian government has also undertaken administrative measures to strengthen public law and
governance:
A. Digital Governance:
The Digital India initiative seeks to transform governance by harnessing technology for efficient and
transparent service delivery. Initiatives like the Aadhar project (biometric identification) and e-governance
platforms have streamlined government services and reduced bureaucratic hurdles54.
B. National Judicial Appointments Commission (NJAC):
Although the NJAC Act was struck down by the Supreme Court in 2015, the debate surrounding it has
spurred discussions on reforms in the appointment of judges to higher judiciary, emphasizing transparency and
accountability in the judiciary (Blackhawk, 2019).
52
Kumar, 2021
53
Bhat et al. 2022
54
Tripathi, 2019
C. Ease of Doing Business:
India's efforts to improve the ease of doing business have included regulatory reforms, digitization of
processes, and the introduction of mechanisms to expedite dispute resolution, all of which contribute to a
conducive business environment.
4. Public Interest Litigation (PIL):
The judiciary's proactive stance on PIL cases has been instrumental in addressing a wide range of public
law issues. Courts have taken suo moto cognizance of matters affecting public interest, such as environmental
protection, public health, and social justice55. PIL cases have been instrumental in shaping government policies
and decisions.
5. Environmental Reforms:
India has made substantial efforts in the realm of environmental law and conservation. Measures include:
- The National Green Tribunal (NGT), established in 2010, has been pivotal in addressing environmental
disputes and enforcing environmental laws.
- India's commitment to global environmental treaties and agreements, such as the Paris Agreement on
climate change, reflects its dedication to addressing environmental challenges.
In conclusion, India has undertaken a series of reforms and initiatives aimed at strengthening public law and
governance (Kumar et al. 2021). Legislative changes, judicial decisions, administrative measures, and public
interest litigation have all contributed to enhancing transparency, accountability, and the protection of
fundamental rights. These reforms signify India's commitment to promoting democratic values, human rights,
and the rule of law in its quest for a more just and equitable society.
Case Studies
Case Study 1: Right to Privacy and Aadhar
Background:
In 2017, the Supreme Court of India delivered a landmark judgment in the case of Justice K.S. Puttaswamy
(Retd.) v. Union of India, recognizing the right to privacy as a fundamental right under the Indian
Constitution56. This case had significant implications for the Aadhar project, a biometric identification system
that required citizens to link their personal and financial information to a unique Aadhar number.
Application of Public Law Concepts:
The case revolved around the public law concepts of individual liberties, data protection, and the limits of
state power. Petitioners argued that making Aadhar mandatory for various services violated the right to privacy
and could lead to mass surveillance. The government contended that Aadhar was essential for efficient and
targeted welfare delivery and preventing leakages in public schemes.
Outcomes and Implications:
The Supreme Court's decision in favor of recognizing the right to privacy as a fundamental right had
significant implications for Aadhar and public law in India:
55
Thomson and Ip, 2020
56
Tripathi, 2019
1. Balancing Rights: The judgment emphasized the need to strike a balance between individual rights and
the state's objectives, highlighting the role of public law in ensuring that government actions are proportionate
and justifiable57.
2. Data Protection: It led to a broader debate on data protection and privacy laws in India, culminating in the
passage of the Personal Data Protection Bill, 2019, which seeks to regulate the collection and use of personal
data.
3. Limits on State Power: The case underscored the importance of public law principles in limiting the
power of the state and safeguarding individual freedoms, setting a precedent for future cases involving civil
liberties.
Case Study 2: Environmental Conservation and the Vedanta Sterlite Plant
Background:
The Vedanta Sterlite copper smelting plant in Tuticorin, Tamil Nadu, was the center of a legal and
environmental controversy. The plant faced allegations of environmental violations and adverse health effects
on the surrounding community due to pollution.
Application of Public Law Concepts:
This case involved public law concepts related to environmental protection, the right to a healthy
environment, and corporate accountability58. Activists and local residents filed public interest litigations (PILs)
in courts, seeking the plant's closure on environmental grounds.
Outcomes and Implications:
The legal battle had several outcomes and implications related to public law:
1. Environmental Impact Assessment (EIA): The case highlighted the importance of rigorous EIA processes
and adherence to environmental laws, emphasizing that public law principles serve as checks and balances
against corporate interests (Kingsbury, 2009).
2. Public Health: It drew attention to the rights of individuals to a clean and healthy environment,
showcasing how public law can protect the well-being of citizens.
3. Role of Courts: The judiciary played a critical role in addressing the concerns of local communities and
holding the plant accountable for environmental violations, showcasing the judiciary's role as a guardian of
public law principles.
These case studies illustrate how public law concepts are applied in real-life situations in India to safeguard
individual rights, uphold environmental standards, and ensure government accountability59. They underscore
the importance of a robust public law framework in addressing complex societal challenges and balancing the
interests of the state, citizens, and corporations.
57
Bhat, 2022
58
Loughlin, 2009
59
Tripathi,, 2019
Conclusion
In summary, this article has explored the multifaceted landscape of public law in India. It began by tracing
the historical evolution of public law, emphasizing its indigenous roots, colonial influences, and constitutional
foundations. The discussion highlighted the significance of public law principles, including the rule of law,
separation of powers, and fundamental rights, in shaping India's legal and governance framework. We
examined the adoption of public law principles by other legal systems, both domestically and globally,
reflecting the universal relevance of these principles.
The article also delved into recent reforms, legislative changes, judicial decisions, and administrative
measures aimed at strengthening public law in India. These reforms underscored the importance of
transparency, accountability, and the protection of individual rights in a vibrant democracy.
Looking ahead, the future of public law in India promises continued evolution and adaptation to meet the
challenges of a changing society. As India strives for greater inclusivity, environmental sustainability, and
digital governance, public law will remain the bedrock on which the country's democratic values and rule of
law stand. It is through the vigilant application of public law principles that India can aspire to achieve a more
just, accountable, and equitable society for all its citizens.
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© 2023 JETIR October 2023, Volume 10, Issue 10 www.jetir.

THE CONCEPT OF PUBLIC LAW

III. Historical Perspective

1. Ancient and Medieval Periods:

4. Influence on Contemporary Public Law:

IV. The Family of Laws

VI. Indigenous Legal Traditions:

VII. Colonial Influence:

VIII. Post-Independence Development:

Contemporary Challenges and Evolution:

Adoption of Public Law Principles by Other Legal Systems

1. Influence of Constitutional Principles:

2. Administrative Law and Governance:

3. Human Rights and Fundamental Freedoms:

5. Constitutionalism and Separation of Powers:

- Environmental Agreements: India's involvement in international environmental agreements, such as the

Public Law Reforms

A. Right to Privacy (2017):

B. Triple Talaq (2019):

C. Right to Information (2020):

D. Electoral Reforms (Various Cases):

B. National Judicial Appointments Commission (NJAC):

4. Public Interest Litigation (PIL):

Case Study 1: Right to Privacy and Aadhar

Application of Public Law Concepts:

Outcomes and Implications:

Case Study 2: Environmental Conservation and the Vedanta Sterlite Plant

Application of Public Law Concepts:

Outcomes and Implications:

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