GS4 · 10 marks · 150 words

If a law is unjust, a man is not only right to disobey it, he is obligated to do so. Discuss.

Answered by 8 toppers · CSE 2022–2025

Syllabus: Ethics and Human Interface: Essence, determinants and consequences of Ethics in-human actions; dimensions of ethics; ethics - in private and public relationships. Human Values - lessons from the lives and teachings of great leaders, reformers and administrators; role of family society and educational institutions in inculcating values.

How toppers approached it

From all 8 answers · about 180 words.

Opening

  • A definition63%
  • No separate opening13%
  • A quotation13%
  • A restatement13%

Body

  • Points50%
  • Points and prose38%
  • Continuous prose13%

Close

  • No separate close38%
  • A summary38%
  • A quotation13%
  • A way forward13%

The toppers’ answers

Aditya SrivastavaAIR 1 · CSE 2023 · 194 wordsTheir whole copy

Opening · a definition

Law refers to the broad consensus which has been created in the society and codified for application.

However law can be unjust

Body · points

  1. Salt tax was called unjust by Gandhi
  2. Naaz foundation efforts helped understand Section 377 as unjust to homosexuals.

In such cases, the higher morality of the individual takes precedence over the archaic law to help bring about change in the direction of social change.

Duty of individual

In such a case, the individual has the responsibility to →

  1. Act with the spirit of Nishkam Karma.
  2. Work towards telling people about what is right and spread awareness.
  3. If he/she is a civil servant, can adopt the grievance mechanism under relevant provisions of laws for influencing policy.
  4. If common citizen, can work with civil society or pressure groups for the repeal of law.
  5. All of them can approach the court to get their rights upheld as in Section 377 case.

Close · a summary

This will ensure that the individual does not bow down to injustice while also taking care that its not his individual morality but the larger consensus which shapes the law for welfare of all and Rawlsian Justice.

More on Law and Morality

Where the legal and the ethical part company: an act that is lawful but wrong, or right but unlawful, and constitutional morality.

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