Comparing Hobbes’s Social Contract Theory with the Indian Constitution


Abhipsa Baral, Amity Law School, Noida


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ABSTRACT


This paper will be focusing on the old philosophy- The Social Contract Theory. It will give an idea of the theory of different philosophers like Hobbes, Locke and Rosseau. It also throws an idea over the more recent social contract theory of Rawls and Gauthier. The main objective of the paper is to evaluate and compare thoughts of different philosophers on the theory. This paper deals with the concept of state of nature, civil society and general will.

Moreover, this paper also brings a comparison of Hobbes social contract theory with the Indian constitution. It differentiates how earlier as stated in Hobbes state of nature and contract people were not party to the contract and was not able to enjoy their legal rights and liberty. However Indian constitution gives more importance to the people by making them the indirect decision maker. It also provides them fundamental rights and also protect the same. In his theory he gives more importance to the ruler, making it an autocratic form of government. But in our Indian constitution significance is given to the citizen.

Hence, this paper is a basic comparison of an old philosophy and a new democratic form of government of India.




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