Reclaiming Jurisprudential Essence of the Śrīmadbhagvad Gītā in Normative Foundation of Legal Duties of State and Individuals in India

By : Shivani Verma

Page No: 68-90

Abstract
This article attempts to explore the normative foundation of the duties imposed by law upon the state and individuals in Indian jurisprudence,abstracting the idea from the philosophical insights of the Śrīmadbhagvad Gītā. it estableshes that law in india is a moral constrcut deeply rooted in the ancient conept of dharma. Through the philosophical perspective taken from the Gita, the article examines how the ethical dilemma faced by Arjuna during the Mahabharata reflects the conflicts, where the personal sentiments and gains clash with the pursuit of justice and duty. The verses of the Bhagavad Gita are analysed to understand legal obligations transcending into statutory duties while emphasising the moral and ethical responsibility of both the state and the individuals. In conceptualising Dharma in contemporary Indian jurisprudence, this paper aims to reaffirm the strong relevance of India’s spiritual legal heritage in the form of the Śrīmadbhagvad Gītā.

Author
Shivani Verma: Asst. Professor, Law Centre-1, Faculty of Law, University of Delhi.