Open Access Research Article
IMPORTANCE OF PUBLIC OPINION ON LAW MAKING IN INDIA
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Article Details
IMPORTANCE OF PUBLIC OPINION ON LAW
MAKING IN INDIA
AUTHORED BY
- MS. ANJANA MAHADEO
MISAL
& CHINMAY R. JOSHI
CLASS - LLM 1st year
Progressive Education Society’s, Modern
Law College, Ganeshkhind, Pune
ABSTRACT
We know that there are various forms
of Government. One of them is Democracy. Democracy is that form of Government
in which the Government is by the people, of the people, for the people. That
means in Democracy, people are supreme. Where Democracy does exist, there is
public opinion is very important. People must have the liberty to give their
opinion on the new law. People can protect the Democracy to express their
opinion on a particular matter. Public opinion can greatly impact how laws are
drafted in a democracy. Politicians and elected officials frequently respond to
public opinion because they are answerable to the people who elected them. Its
result is shifts in public sentiment may influence legislative changes.
Legislators may be more inclined to enact laws that reflect popular opinion,
for instance, if there is a wave of support for a given topic. Public opinion
can greatly impact how laws are drafted in a democracy.
The main conclusions are that public
opinion has a significant impact, that salience increases the effect of public
opinion, that the impact of opinion is substantial even when elites' and
political organizations' actions are taken into consideration, that
responsiveness has not changed significantly over time, and that the conclusions
can only be broadly applied to a limited extent. The study highlights gaps in
our understanding, which are addressed in recommendations for a future research
program.
Introduction:-
The
changing form of society raises the need for new laws. The Government is
sensitive to the needs of the people in the changing social and economic
scenario and makes new laws. The same law binds every citizen of the country.
The Government has to take more precautions when framing laws. A particular law
might benefit one group of people, but it might be against the interests of
other groups. That means whether they are rich or poor. [1]In
our country, as we know, there is different diversity. If any law is raised
against a particular group, they campaign through the media, like television
and newspapers, to express public opinion.
Public
opinion is the opinion of people. So, in a democracy, the Government is
representative of the people. So it is important to take into account the
opinion of the people. Public opinion and the media play important roles in
framing new laws. Thus, it is crucial to remember that there is not always a
clear-cut correlation between popular opinion and legislation. The public's
desire and what the law permits can occasionally diverge significantly. Under
such circumstances, it could be essential to amend the legislation to better
represent the general people's views. Even if they may not be widely accepted,
there may be times when the law is used to defend the rights of minorities or
to safeguard significant ideals. Public opinion may influence many facets of
policymaking, governance, and social change. The link between public policy and
public opinion may greatly impact many different processes in a democratic
society. The development and implementation of policies are based on elected
officials who often are responsive to the desires and preferences of their constituents.
When there is a strong public consensus on a particular issue, it can lead to
the creation of new laws or changes in existing policies. Public opinion can
influence a country's foreign policy decisions. Leaders may consider the views
and attitudes of their citizens when making decisions on diplomacy,
international agreements, and military actions.
Meaning
of public opinion:-
People or society
particular views on governmental matters or Public opinion is a collection of
the opinions, attitudes, and beliefs of many people in a community about a
specific subject. The concepts of "public" and "opinion,"
the synthesis of both yields "public opinion," commonly understood as
the collective views held by individuals on matters impacting or of interest to
the entire community. Some academics consider the aggregate to be a collection
of numerous competing or divergent opinions. In contrast, others perceive it as
a synthesis of the opinions of everyone or a particular group of people.
Definition
of public opinion:-
-
American sociologist Charles Horton Cooley
emphasized "public opinion as a process of interaction and mutual
influence rather than a state of broad agreement."
-
American political scientist V.O. Key defined
"opinions held by private persons which governments find it prudent to
heed."
Background:-
In Athens' classical
democracy, it was widely acknowledged that the people were the centre of
everything. The term "public opinion" was not coined until the 18th
century, however it appears that similar occurrences have existed throughout
history. The myth of a caliph who would disguise himself and mix with the
populace to find out what they thought of his rule is one example of how
popular sentiments are mentioned in the ancient histories of Babylonia and
Assyria. Sometimes the prophets of ancient Israel urged the people to overthrow
the government, while other times they defended its policies. In both
situations, they were trying to influence the view of the crowd. It was widely
acknowledged that everything under the traditional Democracy of Athens rested onthe
world.
Plato, on the other
hand, thought that society should be run by a philosopher monarch whose
intelligence far outstripped the ordinary populace's knowledge and intellectual
capacity, hence he placed little emphasis on public opinion.
Thus, according to Aristotle, "he who loses the
support of the people is a king no longer."
Only free adult male
citizens were the public he was referring to; in Athens during his lifetime,
the voting population likely made up only 10 to 15 percent of the city's total
population.
The
Middle Ages to the early modern
period:-
The
actions and attitudes of most individuals in medieval rural European
communities were determined by their social positions. [2]However,
phenomena similar to popular opinion were still discernible within the
religious, intellectual, and political elite. Persuasion, gaining followers,
and aligning the views of those who mattered were all part of religious
disputes, conflicts between popes and the Holy Roman Empire, and princes'
aspirations to establish dynasties. William Long champ, the bishop of Ely and
an English leader, was assailed by his political rivals in 1191 for employing
troubadours to publicize his virtues, causing "people to speak of him as
though his equal did not exist on earth." Though handwritten literature
also had a role, sermons were the primary medium used in the propaganda wars
between popes and emperors.The development of the major European news centres
started in the 17th century, particularly in places like Antwerp, Frankfurt,
Amsterdam, London, and Lyons, which were setting up advanced financial
exchanges.The Editor of Encyclopaedia Britannica.
Nature of
Public Opinion:-
1)
Rational and Logical Opinion -
Public
opinion must be supported by rationality and logic. Ideally, it should be
grounded on reason and logic. It should entice rational analysis and support
its validity with logical justifications and substantiated data.
2)
General Welfare -
Public
opinion means the collective views of people, not personal opinion. If people
give their opinions logically, it will be the best, and public opinion should
be for the general welfare, not personal benefit. People who actively use their
efforts to better the community are public opinion.
3)
Related to all aspects of life -
Public
opinion can affect every aspect of life. It impacts all facets of life and
transcends specific domains to impact political, social, economic, and cultural
domains. Its widespread impact shapes people's experiences and choices inside a
community.
4)
Upholds morality -
Public opinion upholds social values,
upholding moral standards and conventions to preserve the community's moral
purity. It frequently supports initiatives that improve the general welfare of
the population.
5)
Not an imposed opinion -
Public opinion must not be imposed on people.
Public opinion means opinion given freely, without any kind of pressure or
fear. Genuine public sentiment naturally arises from the people's shared
awareness.
6)
Based on rights to freedom of speech and expression
–
Freedom of
speech and expression is a fundamental concept that forms the basis of public
sentiment. People have the right to voice their opinions and take part in
forming public discourse, which shapes views as a whole. Law and public
opinion, pagers numbers cited within the text of this introduction refer to
this volume. [3]If any
country were not given this right, then public opinion would be irrelevant.
Therefore, public opinion and fundamental rights are closely connected.
7) Basis of Democracy –
The
public's collective voice is quite powerful in democracies, influencing the
Government's decisions and actions. Responding to the people's will is a
critical component of a democratic administration's legitimacy and
effectiveness. Public opinion is important for a successful Democracy.
8) Watchdog of Government –
Public
opinion is a very important tool for controlling Government. That's why the
Government cannot make any decisions that are against public welfare. In short,
public opinion controls government wrongdoing.
9) Social Welfare –
Public
opinion should be given regarding social welfare, not private welfare. It
should represent all societies' welfare.
Importance
of Public Opinion:-
The
following factors make public opinion important in all societies:
1)
To control the government–
Due to
public opinion, the Government can't make wrong laws, rules, regulations, and
policies. Public opinion is a powerful weapon for accountability and has a big
say in governing entities. It is appropriate for governments to answer to the
general public's opinion. It acts as a check on leadership.
2)
Influence the government policies –
Public
opinion influences how the state government formulates its policy. Every public
policy is based on the opinions of the general people's welfare. The Government
is supposed to address the public's requests.
3) To make law Successfully –
Due to
public opinion laws made successful. Suppose public opinion supports the law
made by the Government. In that case, these laws will be implemented
successfully in society, but if the public opposes that law, the Government cannot
enforce the law.
For
example, the Government took back a farm bill due to public opinion's
opposition. It is the real sanction behind all laws and policies of a democratic
state.
4) To protect liberty –
Public
opinion is the watchful guardian of people's rights and freedoms. Vigilant and
active public opinion is the most effective defence against any infringement on
an individual's rights and freedoms.
5) To Protect the Democracy –
Public
opinion helps to protect Democracy. Democracy means by the people, of the
people, and for the people. In a Democracy, the people are always supreme, and
the Government works for the people.Public opinion is very important to
protecting Democracy. It reflects the sovereignty of the people, which is the
basis of Democracy.
6) Agent of social change –
When there
is strong public support, any law, policy, or developmental initiative to
promote social change or reform succeeds. For social change to be successful,
the public's support for suggested reforms and alterations must be increased.
Public opinion, therefore, serves as the foundation for political endeavours in
any community.
The
importance of public feeling in modern society is acknowledged, and there is a
strong push for the free expression of public opinions. Free expression of all
opinions is essential because it promotes the growth of authentic public
emotion. Public expression rights must not be restricted, even during times of
crisis. When a widely held opinion opposes war, the state has no right to
continue the struggle. The Government can remain in power and work successfully
only when it is backed by public opinion.
Agencies of Public Opinion:-
The
following are some major agencies that influence public opinion:-
1. Press:- The press, which includes
newspapers, magazines, journals, and print and electronic media, shapes public
opinion. Through in-depth reporting and analysis, it explores important topics
with societal significance. Editorials, articles, and news analysis largely
shape and express public opinion.
2. Legislature:
- Political leaders meet in the legislature, which is made up of elected
officials chosen by the general public. The legislature has two functions: it
reflects popular emotion and makes it easier for people to express their
opinions. Public opinion is largely shaped and reflected by the parliament
through parliamentary debates, the distribution of debate recordings, and the
opinions of politicians inside and outside the assembly.
3. Political
Parties:- Political parties disseminate political education. They provide the
public with thorough information about the Government, its failures, mistakes,
and accomplishments. Every political party tries to influence public opinion in
its favour by planning rallies, demonstrations, parades, and campaigns to
highlight issues of social importance.[4] These
efforts influence public opinion, making political parties essential,
advantageous, and active organizations for expressing, combining, and promoting
political opinions. They have considerable power to shape public opinion.
4. Radio,
T.V. and Internet:- Public opinion is shaped by media like radio,
television, and the Internet in this age of the information revolution. These
media act as conduits for politics.
5. Education:-
Discussions and debates act as catalysts in forming public opinions. Their use
is particularly crucial in influencing and altering public opinion during
elections.
6. Cinema:- Motion
pictures have a big impact on how people feel. They frequently include news
segments that cover world events and are screened in cinemas. Additionally,
certain films are made with particular goals, which make an impression on
audiences. As a result, movies are a medium for influencing and expressing
popular sentiment.
7. Educational
Institutions:- Various activities, including lectures,
presentations, meetings, and seminars, are planned in educational contexts.
Distinguished leaders, academics, and authors participate actively in these
events, adding to the discourse and influencing students' and teachers'
viewpoints. Moreover, pupils are often influenced by instructors' viewpoints in
their classrooms. These points of view frequently get ingrained in the pupils'
thinking, impacting their attitudes and beliefs. The educational curriculum
facilitates the development of public opinion by achieving particular goals.
8. Religious
Institutions:- Religious organizations frequently influence
people's political beliefs; this is especially true in India, where several
political parties are based on religious links. [5]In
India, religious meetings are sometimes used as forums for political debate
when political objectives are promoted and supported under the pretence of
religion. As a result, these opinions attract devoted supporters who help to
influence public sentiment.
9. Social
Institutions:- Public opinion is shaped and expressed by many
non-political entities in each society. Organizations like the Farmers
Association, Intellectual Associations, All India Women Conference, and Social
Welfare Groups are important channels that advocate for various societal and
Government demands. These groups play crucial roles in developing and
propagating public opinion, making substantial contributions to its cultivation
and reflection through their active participation.
10. Elections:-
Many non-political organizations significantly impact the forming and
expression of public opinion in any town. Organizations like the All India
Women Conference, Farmers Associations, Intellectual Associations, and Social
Welfare Groups are essential for raising awareness of different issues and
advocating for various demands from the Government and society. By actively
participating, these groups play crucial roles in developing and propagating
public opinion, making a substantial contribution to its cultivation and
reflection
Conclusion:-
Thus,
public opinion is very important in Democracy because it shapes society. A
democratic society cannot function without the relationship between law and
public opinion, which is characterized in India by an ongoing dialogue between
the governing and the governed that reflects the changing values and
aspirations of the people.
By
comprehending and utilizing this dynamic interplay, policymakers and legal
professionals can ensure that the law continues to reflect public sentiment,
promoting a just and equitable society. If the majority of people have a view
against the war, the state has no right to continue with it; if only a minority
has this attitude, it cannot in any way negatively impact the war's conclusion.
Finally,
public opinion does not necessarily depend on numbers. Public opinion may be
defined as the viewpoint of even one individual, even when the majority does
not hold it. Even if it was his alone, Mahatma Gandhi's viewpoint may
legitimately be referred to as popular opinion. However, a minority's viewpoint
must be supported by the majority out of conviction rather than coercion. Most
of the time, public ideas and attitudes influence our cultural and social
standards, influencing how society accepts topics like racial equality, gender
roles, and marital equality. Campaigns for public awareness and curriculum
modifications might be influenced by public opinion. Governments and
educational institutions may prioritize particular subjects or concerns when
they agree on their significance.
Article Information
IMPORTANCE OF PUBLIC OPINION ON LAW MAKING IN INDIA
Authors: MS. ANJANA MAHADEO MISAL, CHINMAY R. JOSHI
- Journal IJLRA
- ISSN 2582-6433
- Published 2025/03/06
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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