Meaning of Command in Jurisprudence
In jurisprudence, a command refers to an expression of desire or will issued by a political superior to an inferior, accompanied by the power to enforce obedience. The concept of command is central to John Austin’s Analytical School of Jurisprudence. According to Austin, a command becomes law when it is backed by a sanction. A mere request or advice does not amount to a command unless disobedience attracts punishment. Thus, command signifies authority, obligation, and enforceability.
Command as an Element of Law
Under Austin’s theory, law consists of three essential elements: command, duty, and sanction. A command creates a duty on the part of the subject to obey, and failure to comply results in a sanction. The sovereign issues commands to the bulk of society, and habitual obedience to these commands establishes legal authority. In this sense, commands are general in nature and apply uniformly, distinguishing laws from casual or occasional orders.
Legal Recognition and Scope
In modern constitutional systems, commands are issued through legislative enactments rather than personal authority. In India, laws enacted by Parliament and State Legislatures under Article 245 of the Constitution of India represent sovereign commands. These commands are binding on citizens and are enforced through courts. However, modern jurisprudence recognizes limits on command through constitutional supremacy, fundamental rights, and judicial review, which restrict arbitrary authority.
Criticism of Command Theory
The command theory has been criticized for being narrow and rigid. It fails to explain laws that do not involve sanctions, such as permissive rules, and cannot adequately account for customary law or international law. Critics also argue that law is followed not only due to fear of punishment but also due to moral and social acceptance. Despite these criticisms, the concept of command remains important in understanding the authoritative nature of law.
Mnemonic for Easy Recall
A simple mnemonic to remember command is “WDS”.
W – Will of sovereign
D – Duty to obey
S – Sanction for disobedience
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