Concept of Social Justice As Envisaged In The Constitution

If you join a fight for social Justice you may win or lose, but just by being part of the struggle, you win and your life will be better for it.

 Abstract

The Constitution of India emphasis on achieving social equality in an explicit way. The preamble of the Constitution has used the terms like ‘Socialist’; ‘economic and social justice, these terms indicate that the state would extensively involve in the welfare of individuals, and would attempt to organize an egalitarian society. The author has stressed that social justice doesn’t demand equal treatments but preferential treatment. The right and balanced implementation of government policies are required to make sure social justice within society. When Indian society seeks to satisfy the challenge of socio-economic inequality by its legislation and with the help of the rule of law, it seeks to realize economic justice with none violent conflict.

The basic concept of Social Justice

Social Justice is a moral assessment of the way in which wealth, jobs, opportunities & other goods are distributed among different persons or social classes. Justice refers to the proper allocation of the primary resources. But social justice refers to the allocation or distribution of the resources in a proper way to society. “In this sense, social justice holds the aims of a civil right to each citizen within the matter of social & economical activities and to stop inequalities”.[1]
The Constitution of India has solemnly provided to its citizens’ justices; social, economic and political; non-discriminated society, liberty of thoughts and expression, belief, faith worship; equality of status and opportunity; and to market among all fraternity assuring the dignity of the individual and therefore the unity of the state.[2] The Constitution has made attempts to adjust the evident conflicts of socio-economic justice and of individual liberty and freedom, fundamental rights by adding some provisions.[3]

Social justice in the Indian constitution

The Indian Constitution has conveyed certain fundamental policy choices within the Part III and part IV of the Constitution furthers the guarantee of justice-social, economic and political, by providing for judicially unenforceable obligations, on ‘the State’ within the sort of Directive Principles of State Policy. But the very fact that Principles stated partially IV is judicially non-enforceable shouldn’t lead one to the conclusion that they’re any smaller than the Rights mentioned partially III.

Regard to the definition of the term ‘State’ in Parts-III and IV is enough to disperse any such notion. the very fact that ‘the State’ has been defined within the same manner, in both Parts III and IV, is possibly a sign, that the founding fathers of the Constitution, were of the opinion that the nation’s ideals via, national unity and integrity and democratic and equitable society, to be achieved through a socio-economic revolution pursued with a democratic spirit using constitutional, democratic institutions[4]. The Supreme Court in Minerva Mills v. Union of India,[5]observed, there’s little question that though the courts have always attached very great importance to the preservation of human liberties, no less importance has been attached to a number of the Directive Principles of State Policy enunciated partially IV. These are the conscience of the Constitution.[6]

The term social justice implies a political and cultural balance of the various interests in society. Democracy is that the only means by which is indeed a dynamic process because human societies have higher goals to attention. Social justice is an integral part of society. Social injustice can’t be tolerated for an extended period and may damage society through revolts[7]. Therefore the derived class should be made capable accept dignity. Social justice may be a principle that lays down the inspiration of society supported equality, liberty and fraternity.

The essential aim and objective of the society is that the growth of individual and development of his personality. The concept of social justice may be a revolutionary concept which provides meaning and significance to life and makes the rule of law dynamic. When Indian society seeks to satisfy the challenge of socio-economic inequality by its legislation and with the help of the rule of law, it seeks to realize economic justice with none violent conflict. The perfect of a state postulate unceasing pursuit of the doctrine of social justice.[8]

Significance of social justice

One of the foremost significant focuses within social justice is to guard against and reduce discrimination of all types; it’s safe to mention that discrimination is one among the foremost common and prevalent sorts of social injustice. Race, ethnicity, and gender are only a couple of samples of discrimination that somebody can face. Whether it’s within the professional world or the justice system, it happens a day. When social justice becomes something that’s regularly practised within our society, it brings us closer to putting an end to the discrimination that happens so often.[9]Social justice assigns the rights and duties within the institutions of our society, which enables people to receive the essential benefits and burdens of cooperation. A society that doesn’t celebrate and acknowledge the differences that we are born with can naturally cause resentment, hostility or maybe worse.[10]

Conclusion

Social Justice is concerned or related to the welfare of human beings and the protection of reasonable interests. Social justice removes all the inequalities among people and brings a feeling of togetherness and indiscrimination in society. It makes society harmonious & complete. Injustice in society brings hatred, discrimination, insecurity and chaos. So, having a society where there is equality, justice, togetherness, unity is a  step towards peace and development of a country.

[1] https://gymkhana.iitb.ac.in/~cultural/muntazir/index.php/2012/06/27/constitution-of-india-and-social-justice-shashikant/#:~:text=Social%20justice%20denotes%20the%20equal,%2C%20and%20OBCs)%20and%20women.

[2] Preamble of Constitution of India.

[3] International Journal of Law and Legal Jurisprudence Studies: ISSN:2348-8212 Volume 2 Issue 1 Published By : Universal Multidisciplinary Research Institute Pvt Ltd Social Justice and Indian Constitution Dr. (Mrs.) Saroj Bohra.

[4] https://www.lawyersclubindia.com/articles/concept-of-social-justice-under-indian-constitution-3685.asp.

[5]Minerva mills v. Union of India AIR 1980 SC 1789

[6]https://madhavuniversity.edu.in/social-justice.html last visited on 4th june, 2020.

[7]http://www.legalserviceindia.com/articles/sojt.htm last visited on 4th june 2020.

[8]Social Justice in Indian Democracy: A Prograssive Concept under Indian Constitution last visited on 5th june 2020.

[9]https://thriveglobal.com/stories/the-importance-of-social-justice/ last visited on 4th june 2020.

[10]http://ijlljs.in/wp-content/uploads/2015/01/D04.pdf last visited on 5th june 2020.

This article is authored by Khushboo, Second-Year, BBA. LL.B (Hons.) student at Geeta Institute of Law

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