Mains Practice Questions

Introduction

Laws are intended to uphold justice, but history shows that legal systems have sometimes perpetuated oppression, such as apartheid in South Africa. This raises an ethical dilemma about whether individuals should obey unjust laws or resist them on moral grounds.

Body

Arguments Supporting Moral Resistance to Unjust Laws

• Primacy of Justice Over Legalism: Ethical theories like John Rawls’ Theory of Justice emphasize fairness as the core of governance. Laws violating fairness (e.g., caste-based discrimination) lack legitimacy.
  • Example: Mahatma Gandhi’s Civil Disobedience Movement challenged colonial laws, asserting that unjust laws such as salt tax must be opposed for the greater moral good.
• Unjust Laws Undermine Democratic Value: In a democracy, legal obedience should be contingent on justice. Laws that suppress dissent or human rights (e.g., emergency laws used for political suppression) should be questioned.
  • Example: The misuse of preventive detention laws like the Maintenance of Internal Security Act (MISA) during the Emergency (1975-77) led to widespread protests by civil society, journalists, and political leaders, exemplifying moral resistance to laws perceived as unjust and oppressive
• Moral Conscience Supersedes Legal Authority: Ethical responsibility transcends legal constraints when laws contradict fundamental rights and human dignity.
  • Example: Ambedkar’s leadership in the "Mahad Satyagraha" of 1927, where he and his followers defied local laws prohibiting Dalits from using public water tanks.

Arguments for Legal Obedience Despite Unjust Laws

• Rule of Law: Legal obedience ensures the stability and functioning of society. The rule of law is fundamental for maintaining order, preventing anarchy, and ensuring that society operates predictably.
  • Disobeying laws, even if perceived as unjust, could lead to chaos and undermine societal cohesion.
• Legal Reforms Through Institutions: Legal systems are designed to evolve through established mechanisms, like the judiciary and legislature.
  • Disobedience of the law might prematurely undermine these institutional processes and delay necessary legal reforms. Engaging in these institutions offers a more sustainable method for justice.
• Avoiding the "Slippery Slope" of Personal Morality: If everyone were to choose which laws to obey based on personal morality, it could lead to inconsistent application of justice.
  • It could create a society where individuals act based on subjective interpretations of right and wrong, undermining legal consistency.
  • Example: Taxation laws may seem unfair to certain groups, but allowing selective non-compliance would disrupt economic stability and governance

Balancing Legal Obedience and Moral Resistance

• Non-Violent Civil Disobedience: Ethical resistance should avoid violence and destruction while challenging unjust laws.
  • Example: Mahatma Gandhi’s Salt Satyagraha (1930) was a peaceful yet powerful method of resisting colonial oppression.
• Utilizing Democratic and Legal Mechanisms: Instead of direct defiance, individuals can use judicial review, public interest litigation (PIL), and legislative advocacy to change unjust laws.
  • Example: Kesavananda Bharati Case (1973) in India led to the Basic Structure Doctrine, preventing arbitrary amendments to the Constitution.
• Engaging in Constructive Dialogue with Authorities: Rather than outright defiance, engaging policymakers and administrators through consultations can lead to ethical governance.
  • Example: Right to Information (RTI) Act (2005) emerged from sustained advocacy and dialogue with lawmakers rather than complete defiance of existing secrecy laws.

Conclusion

While obeying unjust laws blindly is ethically questionable, absolute defiance can lead to disorder. The ideal approach is civil disobedience guided by justice, non-violence, and constitutional means. As Gandhi said, “An unjust law is itself a species of violence. Arrest for its breach is more so.” Hence, legal obedience must always be evaluated in light of moral conscience and societal well-being.