Meaning and Core Idea of Law as a Command of the Sovereign
The concept of law as a command of the sovereign was propounded by John Austin, a leading jurist of the Analytical School of Jurisprudence. According to Austin, law is a command issued by a sovereign authority to the members of a political society and is enforced by sanctions in case of disobedience. In this view, law is not based on morality or custom but on authority and obedience. The essence of law lies in command, duty, and sanction. Thus, a rule becomes law only when it is backed by the coercive power of the State.
Elements of Austin’s Command Theory
Austin identified three essential elements of law: command, duty, and sanction. A command is an expression of a wish by a superior directed towards an inferior. Duty arises when the command is imposed, creating an obligation to obey. Sanction is the punishment or evil consequence imposed for non-compliance. The sovereign, according to Austin, is a determinate human superior whom the bulk of society habitually obeys and who does not habitually obey anyone else. This framework explains law as a system of coercive rules enforced by political authority.
Legal Recognition and Scope
The command theory explains many aspects of modern positive law, especially criminal and administrative law. In India, the authority of the sovereign is reflected through constitutional bodies. Article 245 of the Constitution of India empowers Parliament and State Legislatures to make laws, showing sovereign command. Article 13 further ensures that laws inconsistent with fundamental rights are void, indicating constitutional supremacy. While Austin’s theory emphasizes absolute sovereignty, modern legal systems recognize limited sovereignty governed by constitutional principles.
Criticism and Modern Relevance
Austin’s theory has been criticized for being narrow and rigid. It fails to explain constitutional law, customary law, and international law, which do not always involve clear sanctions. The theory also ignores the role of morality and social acceptance in law. Despite these criticisms, the concept remains foundational in jurisprudence because it highlights the authoritative and binding nature of law. Modern jurisprudence adapts Austin’s ideas within constitutional limits.
Mnemonic for Easy Recall
A simple mnemonic to remember this concept is “CDS”.
C – Command of sovereign
D – Duty to obey
S – Sanction for disobedience
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