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There is a close relationship between law and public opinion. Laws, in Democracy, are deep-rooted in public opinion. In these days of Democracy the most important source of law is legislature, a body of people’s representatives. This body represents the public will.
It is true, that the people do not frame the laws directly but we should not forget that they elect their representatives to the legislature. Their representative should not, and do not go against the will of the people who are the electors.
When the people or electors want certain laws to be replaced or modifiers, their representatives do the needful. It is quite clear in this way that there is a close affinity between public opinion and law because laws represent the will of the people. Laws are supposed by public opinion.
Laws which are supported by public opinion are not effective and are hardly obeyed by the people. For example, after Chinese aggression on India in 1962, the Government of India framed two laws: Compulsory Deposit Scheme and Gold Control Rules. Unfortunately, these laws were not supported by public opinion.
As a result, people carried out demonstrations against these laws. In the end, the Government of India ad to modify these laws. This makes it very clear that in Democracy only those laws are framed which are supported by public opinion. If such laws are not framed people reserve the right to carry out peaceful demonstrations.
Thus, it is quite clear that there is a close affinity between law and public opinion. Before arriving at any conclusion it would be better for us to ponder over the term public opinion. By public opinion, we mean an opinion held by people for the common welfare. “In any community of men that which has assured the character of public opinion is the Who opinion of all its members but only of those persons, few or many who are led to think and to form judgment regarding matters of general interest”.
Thus social good and common welfare of the people are the primary considerations of public opinion and law reflects them. According to P S. Mathur, “Law should be not firmly rooted in public opinion but should be a little ahead of it”.