What is social justice and how it is guaranteed under the Constitution of India?

By Ayush Chandra 10 Minutes Read

Introduction

One should recollect that a Constitution is a fundamental law, in which the basic goals are fulfilled. In our country’s republic, the legislature is the law-making panel and the executive takes the administrations of the legislature for its implementation. The judiciary under our Constitution is a protector of the Constitution. It sees into both law-making and law implementation by the other two parts of the Constitutional republic. The duties and role of these systems are necessary for the strong performance of Constitutional equality in our country.
Present democracy is unimaginable without courts. This organ is not the only safeguard of the Constitution but also the guardian of the fundamental rights of the residents. According to Alan Ball in 1978, there are two principal reasons why this point, that the judiciary system is part of the administrative process has to be maintained. Firstly, the enlightened democratic theory has traditionally put a premium on the requirement of defending the citizen from a too-powerful state and consequently stressed the justice of the judicial means, to enhance the self-sufficiency of the judiciary and to develop the honor and faith with which judicial judgments are derived. Secondly, it has started to the emphasizing of the features of the concept of separation of powers, both to stop too much attention of political power in the hands of authority and defend upon the ‘of democracy’ or the ‘tyranny of the majority’

Basics of Indian constitutional Design

Our constitution for this design has put over several fundamental draft decisions in the Constitution, in the form of Parts III and IV. According to Granville Austin, the Indian Constitution is initial and leading a social record. It’s establishing fathers and mothers authorized in the Constitution both the country’s goals and the organizations and methods for managing them. The models were political integration and sincerity and democratic and impartial community. The new community was to be done through a socio-economic change that continued with a democratic vision working constitutional, democratic institution. Thus integration, social revolution, and democracy were objects, which were commonly dependent and had to be attempted together and not individually. The above view aptly represents the Indian State, as observed by the authors of the Constitution. The Preamble to the Constitution, which is based on the objective’s analysis” of Pandit Jawaharlal Nehru, declares that ‘We the people’ of India, through this Constitution, aimed at establishing a Sovereign, Socialist, Secular, Democratic, Republic of India and to secure to all its citizens, justice-social, economic and political. The Indian Constitution for this idea has put beyond certain fundamental policy choices in the pattern of Parts III and part IV of the Constitution advances the guarantee of justice-social, economic and political, by implementing for judicially unenforceable duties, on ‘the State’ in the framework of Directive Principles of State Policy. But the fact that Principles declared in Part IV are judicially non-enforceable should not attend one to the conclusion that they are any light necessary than the Rights discussed in Part III. A connecting to the meaning of the term ‘State’ in Parts-III and IV are simply to separate any such understanding. The fact that ‘the State’ has been specified in the same way, in both Parts III and IV, is likely an implication, that the establishing fathers of the Constitution, believed that the nation’s goals viz, public unity and integrity and democratic and impartial society, to be delivered through a socio-economic change continued with a democratic vision using constitutional, democratic institutions. The Supreme Court in Minerva Mills v. Union of India commented, there is no uncertainty that though the fields have always connected very great attention to the protection of human liberties, no less attention has been attached to some of the Directive Principles of State Policy expressed in Part IV. The essence of the commitment to social change lies in parts III and IV. These are the duties of our Constitution.

Meaning of Social Justice

The word social justice means the political and social stability of the different concerns in the community. Democracy is the single method by which is powerful because civilized societies have higher purposes to care. Social justice is an essential part of the nation. Social injustice cannot be deducted for a long time and can damage culture through uprisings. Hence the denied class should be made able to live with honor. Social justice is a policy that puts down the justification of a society based on justice, freedom, and fellowship. The primary purpose and aim of the society is the increase of individual and extension of his character. The idea of social justice is an innovative concept that presents interest and importance to life and makes the rule of law dynamic. When Indian society attempts to meet the difficulty of socio-economic imbalance by its legislation and with the help of the rule of law, it attempts to obtain economic justice without any hard struggle.

Significations and Concept of Social Justice

The importance and value of the concept of social justice today is that Social justice is not a hidden theory. It tries to do justice to all the residents of the state. A democratic regularity has to assure that the social expansion is in tune with democratic purposes and patterns following equality of social status and opportunities for improvement, social security, and social welfare. The caste practice acts against the origins of democracy in India. The democratic offices like fundamental rights describing equality, freedom of speech, expression & association, cooperation in the electoral process, and legislative forums are abused for keeping caste status. It is reliable that India has been an irregular society from ancient times. There are large inequalities in our society which are acting severe difficulties in Indian democracy. Accordingly, must not give a waste of spirit by forcing undesirable legislative laws and bans, in the same way as they must not show fear in tackling the problem of imbalance by ignoring the past and the necessary and fair administrative measures at all. The constant attempt has to be performed to support individual liberty and independence and subject them to sensible regulation and control to achieve socio-economic justice. Social justice must be done by using essential and objective standards. That, shortly stated, are the idea of social justice and its implications. The primary aim of social justice is to eliminate the inequalities in the social, political, and economic life of the people to organize an equitable society. It means administering justice to those to whom it has been regularly rejected in the past because of an organized social structure.

There are five essential principles, of Babasaheb Ambedkar, through which justice can be given in society. These are first establishing a society where an individual becomes the means of all social goals, the second establishing of a society based on equality, liberty and fraternity and third discovering are democracy governmental, economic and social, forth living is democracy within constitutional standards and fifth living is democracy by developing the trust of higher levels on executive leadership. These are principal origins of Ambedkar’s theory of social justice, Ambedkar was of them opined that Social Justice can be given in a free civil order in which a person is an end in itself. Associated life between parts of society must be viewed by attention established on liberty, equality, and fraternity.

Ayush Chandra