Project Report on:

Concept of
Social Justice
Submitted to:
Ms. Samia Khan
Submitted By: Idrish Mohammed
Roll No: 13 BLW 0025
Semester: 4th
Year: 2nd
Batch: 2013-2018

Jamia Millia Islamia, New Delhi

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INDEX

1. INTRODUCTION
2. THE CONCEPT OF SOCIAL JUSTICE
3. CONCEPT OF DISTRIBUTIVE JUSTICE
4. SOCIAL JUSTICE: THE INDIAN INTERPRETATION
5. CONSTITUTION FRAMERS' VIEW
6. CONSTITUTIONAL ASPECTS
7. THE CONSTITUTION OF INDIA AND SOCIAL JUSTICE (STATICAL)
8. INDIAN JUDICIARY'S INTERPRETATION OF SOCIAL JUSTICE
9. THE PROBLEMS OF THE POOR IN INDIA
10. WHERE DOES THE SOLUTION LIE?
11. CONCLUSION
12. BIBLIOGRAPHY

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1. INTRODUCTION

Human development means the expansion of freedom and rights of the people so that they may
have the capacity to lead the kind of life they value. The persistence of social disabilities such as the
caste system, untouchability, religion and discrimination against women, the development and
socio-economic changes is to have a right based approach to development. Human development is
based upon the principles of equality and justice for all. The constitution reflects an
uncompromising respect for human dignity, an unquestioning comment to equality and an
overriding concern for the poorest and weakest in the society.
The term social justice implies a political and cultural balance of the diverse interests in society.
Pluralism or democracy is the only means by which is indeed a dynamic process because human
societies have higher goals to attain. Social justice is an integral part of the society. Social injustice
can not be tolerated for a long period and can damage society through revolts. Therefore the
deprived class should be made capable live with dignity. Social justice is a principle that lays down
the foundation of a society based on equality, liberty and fraternity. The basic aim and objective of
society is the growth of individual and development of his personality. The concept of social justice
is a revolutionary concept which provides meaning and significance to life and makes the rule of
law dynamic. When Indian society seeks to meet the challenge of socio-economic inequality by its
legislation and with the assistance of the rule of law, it seeks to achieve economic justice without
any violent conflict. The ideal of a welfare state postulates unceasing pursuit of the doctrine of
social justice. That is the significance and importance of the concept of social justice in the Indian
context of today.1
Social justice is not a blind concept. It seeks to do justice to all the citizen of the state. A democratic
system has to ensure that the social development is in tune with democratic values and norms
reflecting equality of social status and opportunities for development, social security and social
welfare.2 The caste system acts against the roots of democracy in India. The democratic facilities
like fundamental rights relating to equality, freedom of speech, expression & association,
participation in the electoral process, and legislative forums are misused for maintaining caste
identity. It is true that India has been an unequal society from times immemorial. There are
enormous inequalities in our society which are posing serious challenges to Indian democracy.
1. Dr. Taruna Rathore, "Social Justice and Indian Context" IJSR (2012): 3.358.
2. Dr S.C. Chandra, Social Justice and Human Rights in India 78-80, (Serial Publication, Delhi, 1st edn., 2004).

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Democracy, therefore, must not show excess of valour by imposing unnecessary legislative
regulations and prohibitions, in the same way as they must not show timidity in attacking the
problem of inequality by refusing the past the necessary and reasonable regulatory measures at all.
Constant endeavour has to be made to sustain individual freedom and liberty and subject them to
reasonable regulation and control as to achieve socio-economic justice. Social justice must be
achieved by adopting necessary and reasonable measures. That, shortly stated, is the concept of
social justice and its implications. The basic aim of social justice is to remove the imbalances in the
social, political and economic life of the people to create a just society. It means dispensing justice
to those to whom it has been systematically denied in the past because of an established social
structure.3
Babasaheb Dr. Ambedkar did not propound any specific definition or theory of Social Justice. On
the basis of these we can easily argue that Ambedkar has mentioned multiple principles for the
establishment of an open and just social order in general and Indian society in particular. Therefore
with the help of these elements we can carve out a theory of social justice, what can then be referred
as Ambedkars theory of Social Justice. We can extract five basic principles, from writings and
speeches of Ambedkar, through which justice can be dispensed in the society.4 These are:
1. Establishing a society where individual becomes the means of all social purposes
2. Establishment of society based on equality, liberty and fraternity
3. Establishing democracy- political, economic and social.
4. Establishing democracy through constitutional measures and
5. Establishing democracy by breaking monopoly of upper strata on political power
Going by the principles of Ambedkars theory of social justice, Ambedkar was of the opinion that
Social Justice can be dispensed in a free social order in which an individual is end in itself. 5
Associated life between members of society must be regarded by consideration founded on liberty,
equality and fraternity.

3. Cecilia Wainryb, Judith G. Smetana, et. al., Social Development Social Inequalities And Social Justice 78-80, (Taylor
& Francis India Pvt. Ltd., Delhi, 1st edn., 2012).
4. Ranabir Samaddar, State of Social Justice in India: Issues of Social Justice 98 (SAGE India, Kolkata, 1st edn., 2009).
5. Interview with Jutice (Retired) V.R. Krishna Iyer, The Hindu, July 25, 2004.

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2. THE CONCEPT OF SOCIAL JUSTICE

The term social justice was first used in 1840 by a Sicilian priest, Luigi Taparelli d'Azeglio, and
given prominence by Antonio Rosmini Serbati in La Costitutione Civile Secondo la Giustizia
Sociale in 1848.6 It has also enjoyed a significant audience among theorists since John Rawls book.
A Theory of Justice has used it as a pseudonym of distributive justice.
The concept of social justice is a revolutionary concept which provides meaning and significance to
life and makes the rule of law dynamic. When Indian society seeks to meet the challenge of socioeconomic inequality by its legislation and with the assistance of the rule of law, it seeks to achieve
economic justice without any violent conflict.7 The ideal of a welfare state postulates unceasing
pursuit of the doctrine of social justice. That is the significance and importance of the concept of
social justice in the Indian context of today.
The idea of welfare state is that the claims of social justice must be treated as cardinal and
paramount. Social justice is not a blind concept or a preposterous dogma. It seeks to do justice to all
the citizen of the state. Democracy, therefore, must not show excess of valour by imposing
unnecessary legislative regulations and prohibitions, in the same way as they must not show
timidity in attacking the problem of inequality by refusing the past the necessary and reasonable
regulatory measures at all. Constant endeavour has to be made to sustain individual freedom and
liberty and subject them to reasonable regulation and control as to achieve socio-economic justice.
Social justice must be achieved by adopting necessary and reasonable measures.8 That, shortly
stated, is the concept of social justice and its implications. Citizens zealous of their individual
freedom and liberty must co-operate with democracy which seeks to regulate freedom and liberty in
the interest of social good, but they must be able to resist the imposition of any restraints on
individual liberty and freedom which are not rationally and reasonably required in the interests of
public good, in a democratic way. It is in the light of these difficult times that the rule of law comes
into operation and the judges have to play their role without fear or favour, uninfluenced by any
considerations of dogma or isms. The term social justice is a blanket term so as to include both
social justice and economic justice.9
6. Justice V.R. Krishna Iyer, Social Justice - Sunset or Dawn 2-3 (Eastern Book Company, Lucknow, 2nd Edition,
1993).
7. John Rawls, Theory of Justice 44 (Universal Law Pub. Delhi, 2002).
8. Ibid. P.336.
9. P.G. Jogdand, Prashant P. Bansode, et. al., Globalization And Social Justice 48 (Rawat Publications, Jaipur, 2008).

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3. CONCEPT OF DISTRIBUTIVE JUSTICE

A combination of social justice and economic justice denotes what is known as Distributive
Justice. Article 38 and 39 embody the jurisprudential doctrine of Distributive Justice. The
Constitution permits and even directs the State to administer what may be termed Distributive
Justice. The concept of distributive justice in the sphere of law-making connote, inter alia, the
removal of economic inequalities rectifying the injustice resulting from dealings and transactions
between unequals in society.
In State of Tamil Nadu v. Abu Kavar bai10, the Court upheld the validity of a law enacted for the
nationalisation of transport services in the state on the ground that it was for giving effect to the
directive principles contained in Article 39(b) and (c). A nationalisation scheme meant for the
purpose of distribution or preventing concentration of wealth; as in the instant case, must have
sufficient nexus to attract the operation of Article 39(b) and (c). The Tamil Nadu Act is valid as it
subserves nationalisation policy.
In the Mc Culloah v. Maryland11, the U.S. Chief Justice Marshall observed; "A Constitution is to
contain an accurate detail of all the subdivisions of which great powers will admit, and of all the
means by which they may be carried into execution, would partake of the prolixity of a legal code,
and could scarcely be embraced by the human mind. It should probably never be understood by the
public. Its nature, therefore, requires that only its great outlines should be marked, its important
objects designated and the minor ingredients which impose those objects be deduced from the
nature of the objects themselves." Marshall thus, reiterated that the Constitution should contain the
very minimum and that minimum to be the 'rules of law'. Modern democracies are in conceivable
without judiciary. This organ is not only guardian of the Constitution but also protector of
fundamental rights of the citizens. Bryce observed:
"There is no better test of the excellence of a government than the efficiency of its judicial
system, for nothing more nearly touches the welfare and security of the average citizen than
his knowledge that he can rely on the certain and prompt administration of justice."
Similarly Garner put it; "A society without legislative organ is conceivable and indeed, fully
developed legislative organ did not make their appearance in the life of the State until
modern times, but a civilised state without judicial organ is hardly conceivable".
10. (1984) 1 SCC 516.
11. 1819.

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The Judiciary is the protector of civil rights, it decides cases, it is the custodian of fundamental
rights, it is the guardian of the Constitution, its role in a federal system as the arbitrator is well
known and the power of judicial review has reposed faith of the people in the judiciary. Both
legislative anti-people law making and the executive excesses can come under judicial scanner.
The importance of judiciary is more for the citizens than for the States. The judicial system is a part
of the judicial process. According to Alan Ball (1978) there are two main reasons why this point,
that the judicial system is part of the political process has to be emphasised. Firstly, liberal
democratic theory has traditionally put a premium on the necessity of protecting the citizen from a
too powerful state and therefore emphasised the impartiality of the judicial process, to increase the
independence of the judiciary and to deepen the respect and confidence with which judicial
decisions are received. Secondly, it has led to the emphasising of the aspects of the doctrine of
separation of powers, both to prevent too much concentration of political power in the hands of
government and guard against the 'excesses of democracy' or the 'tyranny of the majority'. In Indian
political system, the judiciary has carved out a very significant space for itself.
The Supreme Court in Minerva Mills v. Union of India12, observed:
There is no doubt that though the courts have always attached very great importance to the
preservation of human liberties, no less importance has been attached to some of the
Directive Principles of State Policy enunciated in Part IV.... The core of the commitment to
the social revolution lies in part III and IV. These are the conscience of the Constitution.13
The Supreme Court through its decisions has tried to realize this goal of constitutional justice.In
Bandhua Mukti Morcha v. Union of India14, the Court, while decrying in strongest possible terms
the practice of bonded labour, held that Right to life, under Article 21 of the Constitution means
right to live with dignity, and that this evil practice was a clear violation of that. Similarly, in State
of H.P. v. Ummed Ram Sharma15, the Court held that access to roads in hilly areas is access to life,
and the failure of the state to provide roads, in such regions amounts to denial of right to life to the
people of the region. Then in Vishakha v. State of Rajasthan16, it held that sexual harassment of a
12. AIR 1980 SC 1789.
13. Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789.
14. (1984)3 SCC 161.
15. (1988) 2 SCC 68.
16. (1997) 6 SCC 241.

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woman at workplace, is a denial of both her right to life and personal liberty under Article-21, as
well as amounted to discrimination on the basis of sex, and thus violative of right to equality
guaranteed under Articles 14 and 15. The Court went on to issue elaborate guidelines to protect
women from sexual harassment at workplace. Also, Paschim Banga Khet Mazdoor Samity v. State
of West Bengal17, failure on the part of the Government hospital to provide timely medical treatment
to a person in need of such treatment has been held to be a violation of his right under Article-21. In
Rural Litigation Entitlement Kendra v. State of U.P.18, as well as M.C. Mehta v. Union of India19 the
Court held that, right to life includes right to live in a clean and healthy environment. Then in
Mohini Jain v. State of Karnataka20 as well as Unnikrishnan v. State of A.P.21, observing that a man
without education was no better than an animal, the Court held right to education was an essential
ingredient for a dignified and meaningful life. In Hussainara Khatoon v. Home Secretary, State of
Bihar22, turning its attention to the plight of under-trial prisoners languishing in jails, for years
together, for want of proper legal aid, delay in conduct of trials, etc. held that, failure of the State to
provide legal representation and accused person, amounted denial of personal liberty without a just,
fair and reasonable procedure established by law. Earlier in Maneka Gandhi's case23, the Court had
held that a procedure under Article 21 must be a right, just, fair and a reasonable procedure and that
it must also satisfy the test of reasonableness in Articles 14, as well as 19, besides Article 21. On
this basis the Court decried the practice of handcuffing of prisoners (both under-trials as well as
convicts), in Prem Shanker v. Delhi Administration24. Recently, in Smt. Selvi v. State of Karnataka25,
the Court held that conducting of narco-analysis, polygraph test, etc. on accused persons, without
their consent, was violation of both Articles 20 as well as 21, for it amounted to compelling a person
to give evidence against himself, which was prohibited by clause (3) of Article 20, and was not a
just and reasonable procedure under Article 21.
In continuation of this trend of Court has also frowned upon custodial torture of the accused/convict
ans has issued elaborate guidelines to protect the accused/convict from custodial torture, in D.K.
Basu v. State of West Bengal26. Recently, in Sate of West Bengal v. Committee for protection of
Democratic rights, West Bengal27, dismissing the appeal of the Government of West Bengal, against
17. (1996) 4 SCC 37.
18. (1987) Supp. SCC 487.
19. AIR 1987 SC 1087.
20. (1992) 3 SCC 666.
21. (1993) 1 SCC 645.
22. (1980) 1 SCC 81.
23. Maneka Gandhi v. Union of India, AIR 1978 SC 597.
24. 1(1980) 3 SCC 526.
25. (2010)(4) Scale 690.
26. AIR 1997 SC 610.
27. (2010) 10 SCC 571.

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an order of the High Court, transferring the investigation of case involving violence and killing on
the part of the ruling party in the State from the State police to C.B.I. The Court held that failure on
the part of the police to carry out proper investigation so as to bring culprits to book, was a violation
of the rights of the victims of that violence, for the State is under an obligation to ensure that a
person committing a crime is apprehended and punished.

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4. SOCIAL JUSTICE: THE INDIAN INTERPRETATION

What constitutes social exclusion or its ameliorative social justice varies from society to society.
Primarily, the social and cultural norms shape the policies for promotion of social justice. Be that as
it may, the ultimate purpose of such policies remains the same that of elevating the dignity and
sovereignty of the individual to where he does not need charity but can himself become charitable.
Social justice, thus, imposes on each of us a personal responsibility to work with others to design
and continually perfect our social institutions as tools for personal and social development.
Poverty and unemployment are the most universal and fundamental categories of social exclusion.
However, there is a unique category, only found in India and not elsewhere in the world. This is the
category of caste, which is decided at birth. Sociologists typically study such categories, which
economists in general tend to ignore. However, the importance of such categories as an analytical
construct can hardly be overemphasised given their multi-dimension (Nayak, 1994). Indeed,
Akerlof (1976) has shown as to how the economy settles for a low-level equilibrium trap in the
presence of mutually exclusive groups called castes.28
This is the reason the present study is particularly inclined to define social justice in terms of
emancipation from such exclusion. The other motivating factor has been the fact that the Indian
Constitution, which professes to secure to all its citizens social justice, tends to look upon it in the
same spirit. The Constitution prohibits discrimination on any artificial grounds. It prohibits forces
creating social barriers like those of untouchability. In the context of ubiquitous practice of casteism
and its deleterious impact running through the history, social justice in India has come to be
synonymous with the upliftment and empowerment of the downtrodden, viz., the scheduled castes
(SCs), scheduled tribes (STs) and other backward castes (OBCs).29
Since Independence, the goal of an egalitarian Indian society has been sought to be attained in the
economic sphere mainly by instituting a three-pronged strategy - agrarian reform, planning process,
and affirmative action in the form of reservation. Often the root of age-old discrimination was
traced to the skewed structure of ownership, control and use of land (Beteille, 2002). Ever since, the
agrarian reforms have formed an essential ingredient of the agenda for social justice. Towards this
direction, the zamindari or the system of estates was abolished way back in the 1950s. This was
28. Purohit B.R, Sandeep Joshi, Social justice in India 189 (Rawat Pub, Jaipur, 2003).
29. Ibid. P. 335.

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followed by regulation of tenancy in favour of the tenant. Thus, by 1954 all the provinces passed
laws to abolish all types of intermediaries in the system of land tenure. Besides, the regulation of
wages came to the benefit of agricultural labourers.
The need to reconcile growth and social justice was explicitly recognised at the early stage of
Indias planned economic development (Kurien, 1992). The First Five Year Plan presented the
problem thus:
The urge to economic and social change under present conditions comes from the fact of
poverty and of inequalities in income, wealth and opportunity. The elimination of poverty
cannot obviously be achieved merely by redistributing existing wealth. Nor can a
programme aiming only at raising production remove existing inequalities. Only a
simultaneous advance along both these lines can create conditions in which the community
can put forth its best efforts for promoting development.30
Ever since social justice has been a common thread running through the planning process. In view
of the poor trickle-down effect noticed in the early years of planning, programmes especially
designed for the disadvantaged section have since formed an essential feature of the planning
process. In this context, Special Component Plan for SCs and Tribal Sub-Plan for STs have come to
occupy special position as vehicles of social justice.
As access to finance is critical in dispensation of social justice, the priority sector lending directive
for banks has mandated allocation of credit for the weaker sections. A recent landmark in this
direction has been the setting up of separate finance and development corporations, to begin with
for SCs and STs in 1989, followed by OBCs and Safai Karamcharis. The job of these corporations
is to develop schemes for employment generation and extend loan-cum-subsidy essentially for pilot
projects. Thereby, they act catalytic for the disadvantaged towards gainful engagement in incomegenerating activities.
Education being the most effective instrument for empowerment, the focus has been on early
attainment of literacy, and increase in school enrolment and retention rates among the
disadvantaged. They have been pursued under numerous schemes broadly by relaxing criteria for
establishment of primary schools, abolition of fees, free provision of textbooks and uniforms,
among others. On the other hand, higher education and technical studies by the disadvantaged have
been encouraged by way of seat reservation, relaxation in cut off percentage, and remedial
coaching.
30. Mahbal Ram, Changing Economic Scenario and social Justice on India 10 (Domenent. Pub, Delhi, 2003).

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5. CONSTITUTION FRAMERS' VIEWS:

The constitution of India was adopted on November 26, 1949. Some provision of the constitution
came into force on same day but the remaining provisions of the constitution came into force on
January 26, 1950. This day is referred to the constitution as the date of its commencement, and
celebrated as the Republic Day.
The Indian Constitution is unique in its contents and spirit. Through borrowed from almost every
constitution of the world, the constitution of India has several salient features that distinguish it
from the constitutions of other countries.
Dr. Ambedkar is the man of millennium for social justice, since he was the first man in history to
successfully lead a tirade of securing social to the vast sections of Indian humanity, with the help of
a law. Dr. Ambedkar was the man who tried to turn the Wheel of the Law toward social justice for
all. He has strong fervour to attain social justice among the Indian Communities for this purpose he
began his vocation.31
At the time of independence, the constitution makers were highly influenced by the feeling of
social equality and social justice. For the same reason, they incorporated such provisions in the
constitution of India. These are as follows
The words, Socialist, secular, democratic and republic have been inserted in the
preamble which reflects its from as a social welfare state. The expression socialist was
intentionally introduced in the Preamble.32
In D. S. Nakara v. Union of India33, the Supreme

Court has held that the principal aim of a

socialist state is to eliminate inequality in income,

status and standards of life. The basic frame

work of socialism34 is to provide a proper standard of life to the people, especially, security from
cradle to grave. Amongst there, it envisaged economic equality and equitable distribution of
income. This is a blend of Marxism & Gandhism, leaning heavily on Gandhian socialism. From a
wholly feudal exploited slave society to a vibrant, throbbing socialist welfare society reveals a long
march, but, during this journey, every state action, whenever taken, must be so directed and
31. Nazeer.H.Khan, B.R. Ambedkar on federalism, ethnicity and junder justice 151 (Deep&Deep Pub. NewDelhi).
32. By the 42nd Constitutional (Amendment) Act, 1976.
33. AIR 1983 SC 13.
34. http://en.wikipedia.org/wiki/Socialism.

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interpreted so as to take the society one step towards the goal.

In Excel Wear v. Union of India35, the Supreme Court held that the addition of the word socialist
might enable the courts to learn more in favour of nationalisation and state ownership of an
industry. But, so long as private ownership of industries is recognised which governs an
overwhelming large principles of socialism and social justice can not be pushed to such an extent so
as to ignore completely, or to a very large extant, the interest of another section of the public,
namely the private owners of the undertaking.

35. AIR 1979 SC25.

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6. CONSTITUTIONAL ASPECTS
The term Justice in the Preamble embraces three distinct forms- social, economic and political,
secured through various provisions of Fundamental Rights and Directive Principles. Social justice
denotes the equal treatment of all citizens without any social distinction based on caste, colour, race,
religion, sex and so on. It means absence of privileges being extended to any particular section of
the society, and improvement in the conditions of backward classes (SCs, STs, and OBCs) and
women. Social Justice is the foundation stone of Indian Constitution. Indian Constitution makers
were well known to the use and minimality of various principles of justice. They wanted to search
such form of justice which could fulfil the expectations of whole revolution. Pt. Jawahar Lal Nehru
put an idea before the Constituent Assembly:36
"First work of this assembly is to make India independent by a
new constitution through which starving people will get complete
meal and cloths, and each Indian will get best option that he can
progress himself."
Social justice found useful for everyone in its kind and flexible form. Although social justice is not
defined anywhere in the constitution but it is an ideal element of feeling which is a goal of
constitution. Feeling of social justice is a form of relative concept which is changeable by the time,
circumstances, culture and ambitions of the people.37 Social inequalities of India expect solution
equally. Under Indian Constitution the use of social justice is accepted in wider sense which
includes social and economical justice both. According to Chief Justice Gajendragadkar:
"In this sense social justice holds the aims of equal opportunity to every citizen in the
matter of social & economical activities and to prevent inequalities"38.
The constitution of India does not completely dedicated to any traditional ideology as
equalitarian, Utilitarian39, Contractarian or Entitlement40 theory. Dedication of constitution is
embedded in progressive concept of social justice and various rules of justice such as- Quality,
Transaction, Necessity, Options etc are its helping organs. Infact dedication of the constitution is in
such type of social justice which can fulfill the expectations of welfare state according to Indian
conditions. So that in one way it has been told about the value of Equality which is known as
36. Constituent Assembly Debates, Constituent Assembly of India Volume 1, Thursday, the 19th December 1946.
37. Supra note. no. 11, at 82
38. P.B. Ganendragadkar, Law, Liberty and social justice (1964) p. 77, 99.
39. http://en.wikipedia.org/wiki/Utilitarianism.
40. http://en.wikipedia.org/wiki/Entitlement_theory.

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theAristotil, directs the state "The state shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India" 41that is distributive justice. In the other
way it has been told the protective discrimination by special provision for other backwards of the
society such as SC, ST & Socially and educationally back ward classes, 42 which is the attribute
(symbol) of corrective and compensatory justice. Original Principle of Equalitarian justice is
propounded/derived by Aristotle that is equal behavior in equal matter. If there is unequal behavior
between equal, there will be injustice. In State of U.P. v. Pradeep Tandon,43 the Supreme Court
accepted reasonable classification justiciable on the basis of unequal behavior between unequal
people. In Chiranjeet Las v. Union Of India44. and State of J.K. v. Bhakshi Gulam Mohammad45, it is
held by the Supreme Court that due to some special circumstances one person or one body can be
treated as one class. But the question is how to determine inequality? In India it is not easy to
determine inequality. In Air India v. Nergis Mirza,46 the Supreme Court declared the rule of Air
India unreasonable and discriminatory. But accepting justiciable element in equality, it is try to
make equality more effective and progressive. In E.P. Royappa v. State of Tamilnadu, Bhagwati , J.,
has held that equality is movable concept which has many forms and aspects. It can not be tightened
in traditional and principlized circle. Equality with equal behaviour prohibits arbitrariness in action,
inequality is surely be there. To accept right to equality as an essential element of Justice, India
Constitution prohibits unequal behaviour on the grounds of religion, race, caste, sex. But
constitution accepts that strict compliance of formal equality will make up equality. But the system
of special provision for backward classes of society, it is to try to make the principle of equality
more effective. Under Article 15(4) the state shall make any special provision for the advancement
of any socially and educationally backward classes of citizen or for the scheduled castes, and the
Scheduled tribes and in the same manner by accepting the opportunity of equality to employment
under state in Article 16 (1), it has excepted the principle of equalization under Article 16(4). If it is
in the opinion of the state that any class of the citizens has not adequately representation under state
employment, state shall make any provision for the reservation of appointments. According to Art
46 the State shall promote with special care the educational and economic interests of weaker
sections of the people, and in particular, of the scheduled castes and the scheduled tribes, and shall
protect them from social injustice and all forms of exploitation.

41. Art 14 of the Indian Constitution.

42. Art 15(4) and Art 16(4) of Indian Constitution.
43. AIR 1975 SC 563
44. AIR 1951 SC 41
45. AIR 1967 SC 122
46. AIR 1981 SC 1829.

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In a very important case of Indira Shahani v. Union of India,47 the Supreme Court declared 27%
reservation legal for socially and economically backward classes of the society under central
services.
In the recent judgment, Air India Statutory Corporation v. United Labour Union,48 a three Judges of
the Court has explained the concept of social justice in Article 38 as follows:
The concept of Social Justice consists of diverse principles essential for the orderly growth and
development of personality of every citizen. Social justice is then an integral part of justice in the
integral sense. Justice is the genus, of which social justice is one of its species. Social justice is a
dynamic device to mitigate the sufferings of the poor, weak, dalits, tribals and deprived sections of
the society and so elevate them to the level of equality to live a life with dignity of person. Social
justice is not a simple or single idea of a society but is an essential part of complex social change to
relieve the poor etc. from handicaps, penury, to ward off distress and to make their life liveable, for
greater good of the society at large. The aim of social justice is to attain substantial degree of social,
economic and political equality which is the legitimate expectation and constitutional goal. In a
developing society like ours, where there is vast gap of inequality in status and of opportunity, law
is a catalyst, rubicon to the poor etc. to reach the ladder of social justice. The Constitution,
therefore, mandates the state to accord justice to all members of the society in all facets of human
activity. The concept of social justice enables equality to flavour and enliven the practical content of
life. Social justice and equality are complementary to each other so that both should maintain their
vitality. Rule of law, therefore, is a potent instrument of social justice to bring about equality.
The term equality means the absence of special privileges to any section of the society, and
provision of adequate opportunities for all individuals without any discrimination. The Preamble
secures at all citizens of India equality of status an opportunity. This provision embraces three
dimensions of equality- civic, political and economic.49
The following provisions of the chapter on Fundamental Rights ensure civic equality:
1. Equality before the Law (Article 14).
2. Prohibition of discrimination on grounds of religion, race, caste, sex of place of birth
(Article 15).
3. Equality of opportunity in matters of public employment (Article 16).
4. Abolition of untouchability (Article 17).
5. Abolition of titles (Article 18).
47. AIR 1993 SC 477.
48. Civil Appeal Nos. 1553937, 15532-15534 of 1996.
49. Laxmikanath, M., Indian polity 29 (2008).

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7. THE CONSTITUTION OF INDIA AND SOCIAL JUSTICE (STATICAL)

The Constitution of India has solemnly promised to all its citizens justices-social, economic and
political; liberty of thought expression, belief, faith and worship; equality of status and of
opportunity; and to promote among the all fraternity assuring the dignity of the individual and the
unity of the nation. The Constitution has attempted to attune the apparently conflicting claims of
socio-economic justice and of individual liberty and fundamental rights by putting some relevant
provisions.
Article 19 enshrines the fundamental rights of the citizens of this country. The seven sub-clauses of
Article 19(1) guarantee the citizens seven different kinds of freedom and recognize them as their
fundamental rights. Article 19 considered as a whole furnishes a very satisfactory and rational basis
for adjusting the claims of individual rights of freedom and the claims of public good.
Articles 23 and 24 provide for fundamental rights against exploitation. Article 24, in particular,
prohibits an employer from employing a child below the age of 14 years in any factory or mine or
in any other hazardous employment. Article 31 makes a specific provision in regard to the
fundamental right to property and deals with the vexed problem of compulsory acquisition of
property.
Article 38 requires that the state should make an effort to promote the welfare of the people by
securing and protecting as effectively as it may a social order in which justice social, economic and
political shall inform all the institutions of national life. Article 39 clause (a) says that the State shall
secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and
shall, in particular provide free legal aid, by suitable legislation or schemes, or in any other way, to
ensure that opportunities for securing justice are not denied to any citizen by reason of economic or
other disabilities.
Article 41 recognizes every citizen's right to work, to education & to public assistance in cases of
unemployment, old age, sickness & disablement and in other cases of undeserved want. Article 42
stresses the importance of securing just and humane conditions of work & for maternity relief.
Article 43 holds before the working population the ideal of the living wage and Article 46
emphasizes the importance of the promotion of educational and economic interests of schedule
castes, schedule tribes and other weaker sections.
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The social problem presented by the existence of a very large number of citizens who are treated as
untouchables has received the special attention of the Constitution as Article 15 (1) prohibits
discrimination on the grounds of religion, race, caste, sex, or place of birth. The state would be
entitled to make special provisions for women and children, and for advancement of any social and
educationally backward classes of citizens, or for the SC/STs. A similar exception is provided to the
principle of equality of opportunity prescribed by Article 16 (1) in as much as Article 16(4) allows
the state to make provision for the resolution of appointments or posts in favour of any backward
class of citizens which, in the opinion of the state, is not adequately represented in the services
under the state. Article 17 proclaims that untouchability has been abolished & forbids its practice in
any form & it provides that the enforcement of untouchability shall be an offence punishable in
accordance with law. This is the code of provisions dealing with the problem of achieving the ideal
of socio- economic justice in this country which has been prescribed by the Constitution of India.

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8. INDIAN JUDICIARY'S INTERPRETATION OF SOCIAL JUSTICE

In Oriental Insurance Co. Ltd. v. Hansrajbai V. Kodala,50 the Apex Court held that "The object is to
expeditiously extend social justice to the needy victims of accidents curtailing delay. If still the
question of determining compensation of fault liability is kept alive, it would result in additional
litigation and complications in case claimants fail to establish liability of defendants. Wherever the
Legislature wanted to provide additional compensation, it has done so specifically."
The Supreme Court has firmly ruled in Balbir Kaur v. Steel Authority of India,51 that "the concept of
social justice is the yardstick to the justice administration system or the legal justice and it would be
an obligation for the law Courts to apply the law depending upon the situation in a manner
whichever is beneficial for the society" as the respondent Steel Authority of India was directed to
provide compassionate employment to the appellant. In Superintending Engineer, Public Health,
U.T. Chandigarh v. Kuldeep Singh,52 the Supreme Court held that "It is the duty of the authorities to
take special care of reservations in appointments as a part of their constitutional duties to accord
economic and social justice to the reserved categories of communities. If ST candidate is not
available, the vacancy has to be given to SC candidate and the reserved roster point has to be filled
in accordingly". In Ashok Kumar Gupta v. State of U.P.,53 it was held by the Apex court that "To
give proper representation to SC/ST Dalits in services is a social justice which is a fundamental
right to the disadvantaged. It cannot be said that reservation in promotions is bad in law or
unconstitutional."
In Consumer Education & Research Centre v. Union of India,54 it was held that "Social justice is a
device to ensure life to be meaningful and livable with human dignity. State has to provide facilities
to reach minimum standard of health, economic security and civilized living to the workmen. Social
justice is a means to ensure life to be meaningful and liveable."
So we can see that the Supreme Court has always stepped in to protect the interest of the Indian
citizens, whether it has been has the case of consumer protection or claiming insurance or be it
representation of suppressed classes. It has used the medium of social justice as an umbrella term to
deliver justice.
50. AIR 2001 SC 1832.
51. AIR 2000 SC 1596.
52. 1991 (9) SCC 199.
53. 1997 (5) SCC 201.
54. 1995 (3) SCC 42.

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9. THE PROBLEMS OF THE POOR IN INDIA

This vice of social inequality assumes a particularly reprehensible form in relation to the backward
classes and communities which are treated as untouchable; and so the problem of social justice is as
urgent and important in India as is the problem of economic justice. Equality of opportunity to all
the citizens to develop their individual personalities and to participate in the pleasures and
happiness of life is the goal of economic justice. The concept of social justice thus takes within its
sweep the objectives of removing all inequalities and affording equal opportunities to all citizens in
social affairs as well as economic activities. The problem of poverty and unequal distribution of
wealth may be confined to the bigger cities and towns in India but the problem accentuated by the
vice of social inequality existing in a gross form prevails in all of our villages. For instance, the
harijans constitute a large class of landless labourers who are treated as untouchables by the rest of
the community, who have no house to live in, generally no clothes to wear, who do not get food to
eat & sometimes even decent drinking water is beyond their reach. The poor also have no access to
legal assistance. Poor people are vulnerable to injustice. Poverty fosters frustration, ill feeling and a
brooding sense of injustice. Democracy realizes that this problem which concerns a large number of
citizens cannot be successfully met unless law is used wisely to restore balance to the economic
structure and to remove the causes of economic inequality.

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10. WHERE DOES THE SOLUTION LIE?

The solution to social injustice lies within us only. We should be aware of the expressions - the
poor, the backwards, social justice which are being used to undermine standards, to flout norms and
to put institutions to work. We should subject every claim whether it is made in the name of the
poor, the backward, whosoever to rational examination. After it has been in effect for a while,
subject every concession to empirical evidence. We should shift from equality of outcomes to
equality of opportunities. And in striving towards that, nudge politicians to move away from the
easy option of just decreeing some reservations etc to doing the detailed and continuous work that
positive help requires, the assistance that the disadvantaged need for availing of equal opportunities.
We must bear in mind that if the majority disregards smaller sections in the community, it drives
them to rebellion. We should try to refashion the policies of state on truly secular and liberal
principles. The individual and not the group should be the unit of state policy.
Since no society is static, and social processes are constantly changing, a good legal system is one
which ensures that laws adapt to the changing situations and ensure social good. Any legal system
aiming to ensure good should ensure the basic dignity of the human being and the inherent need of
every individual to grow into the fullness of life. The hope of the Indian masses does not lie in the
legal system alone, but in their conscious awakening and fight for social and economic justice.
Knowledge of their legal rights however, can be an important motivating force in this. Many NGOs
and individuals are emerging in different parts of the country to take up the cause of social change
and change for a more just India, where justice will not merely be talked about in intellectual
discussions on the intricacies of law, or written about in books, which the masses can't read, or
exchanged for good old money, but actually lived and experienced by the majority of the people.

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11. CONCLUSION:
It might be asked why the principle of equal justice has failed to have its effect. The answer to this
is simple. To enunciate the principle of justice is one thing. To make it effective is another thing.
Whether the principle of equal justice is effective or not must necessarily depend upon the nature
and character of the civil services who must be left to administer the principle. The solution to
social injustice lies within us only. We should be aware of the expressions- the poor, the backwards,
social justice which are being used to undermine standards, to flout norms and to put institutions to
work. We should shift from equality of outcomes to equality of opportunities. And in striving
towards that, politicians should be doing the detailed and continuous work that positive help
requires, the assistance that the disadvantaged need for availing of equal opportunities. Social
processes are constantly changing, a good legal system is one which ensures that laws adapt to the
changing situations and ensure social good. Any legal system aiming to ensure good should ensure
the basic dignity of the human being and the inherent need of every individual to grow into the
fullness of life.

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