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 and they wanted to live.
The continuation of social disabilities, such as caste system, untouchability, and religion and
gender based discrimination, the development and socio-economic changes is to have a right
based approach to development. The human development is based upon the principles of
equality and justice for all. The constitution of India reflects an obstinate respect for human
dignity, an unquestioning comment to equality and an overriding concern for the poorest and
the weakest in the society.

India is one of the largest democracies in the world and the Indian constitution embraces the
goal of achieving social justice in the express terms. The preamble of the constitution which
is considered as the heart and soul or the summary of the Indian constitution and is also the
basic structure of the constitution of India starts with:

We, the people of India, having solemnly resolved to constitute India into a sovereign
socialist secular democratic republic and to secure to all its citizens: JUSTICE, social,
economic and political……….

So, the opening lines in the preamble of our great constitution talks about the most significant
purpose of our constitution that is JUSTICE.

The concept of the justice is as old as when the civilization or society came into existence and
it is deeply ingrained in the roots of Indian civilization. The word justice is derived from the
Latin term “Justitia”, which means righteousness or equity, and the word justice is also
derived from the French word “Jostise”, which means uprightness, equity, or administration
of law.

The idea of justice is so ancient that everything has been said about it and at the same time, it
is so modern that it constitutes an ever-changing context of contemporary society, from this
we can understood that the idea of justice is ever changing concept and it modifies itself with
the need of time and society. A society cannot exist without the presence of justice, as justice
is one of the most important pillars of any nation. The constitution of India which is also
known as “bag of borrowings” adopted different ideas of different constitutions in the world,
defines 3 types of justice:

 Economic justice
 Political justice
 Social justice

ECONOMIC JUSTICE:

Economic justice is the part of social justice only, as Indian constitution visualizes it as socio-
economic justice which is incorporated under the directive principles of state policy, and in
simple terms, it means to provide equal economic opportunities, economic equality to all. The
idea of economic justice comes under the umbrella of social justice.
POLITICAL JUSTICE:

Political justice means, as the term suggests, a system free from political arbitrariness, and
there should be a political fairness in the working of the government.

SOCIAL JUSTICE:

Social justice means, greater goods for larger number of people and un-equals should be
treated equally. In simple terms, it means that equal social opportunities are available to every
person for personal development of every person without any discrimination based on race,
sex or caste. No person should be deprived of social conditions necessary for development
due to these differences. The concept of social justice is based on the practice of social
equality. Social justice can only be enforced in a society where exploitation of man by a man
is not present. Social justice refers to a political and philosophical theory that focuses on the
concept of fairness in relations between individuals in society and equal access to wealth,
opportunities, and social privileges.

As per the United Nations, “Social justice may be broadly understood as the fair and
compassionate distribution of the fruits of economic growth.”

UNDERSTANDING SOCIAL JUSTICE:

The term social justice implies a political and cultural balance of the diverse
interests in society. Social justice is an integral part of the society. Social in justice
cannot be tolerated for a long period and can damage society through
r e v o l t s . T h e r e f o r e t h e 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.
Social justice is not a blind concept. It seeks to do justice to all the citizen of the state. A
democratic s y s t e m h a s t o e n s u r e t h a t t h e s o c i a l d e v e l o p m e n t i s i n t u n e
w i t h d e m o c r a t i c v a l u e s a n d n o r m s reflecting equality of social status and
opportunities for development, social security and social welfare.
The caste system acts against the roots of democracy in India. The democratic
facilities like fundamental rights relating to equality, freedom of speech and
expression & association, participation in the electoral process, and legislative
forums are misused for maintaining caste identity and it is true that India has
been an unequal society from time immemorial and there are erroneous
inequalities in our society which are posing serious challenges to Indian
democracy.
Indian democracy therefore must not shows its intrepidity by imposing un necessary
regulations and laws which encourages the social injustice in India. The basic aim of social
justice is to remove the imbalances in the social, economic and political life of the people to
create just society.

HISTORY AND EVOLUTION OF SOCIAL JUSTICE:

The concept of social justice arose in the 19 th century during the industrial revolution, as at
that time attempts have been made to promote more egalitarian society and to reduce the
exploitation of certain minority groups due to vast disparity between the rich and the poor at
that time. Earlier social justice, initially focused on distribution of assets, capital, in an equal
manner due to the extreme level of inequality and distress that was present at that time but in
modern times the idea of social justice has shifted towards the human rights and in
improvement of life of minority and marginalised groups.

PRINCIPLES OF SOCIAL JUSTICE:

Social justice has some underlying principles:

 Equity
 Equality
 Participation
 Human rights
 Diversity

THE CONSTITUTION OF INDIA AND SOCIAL JUSTICE:

The Indian constitution is unique in its content and spirit and the constitutional scholar,
Granville Austin also states that probably no other constitution in the world has provided so
much impetus towards changing and rebuilding society for the common good.

The constitution has solemnly promised to all its citizens’ justice, whether it would be
political, economic or social through its preamble, yet there are several articles in Indian
constitution, which directly or indirectly promises to provide social justice to its citizens.

The preamble and part IV of the constitution, promotes social justice so that life of every
individual becomes meaningful and he is able to live with human dignity. The words,
“Socialist”, “secular”, “democratic” and “republic” have been inserted in the preamble.
Which reflects it’s from as a “social welfare state.” 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. Economic justice denotes on the non- discrimination between people on the basis of
economic factors. It involves the elimination of glaring in equalities in wealth, income and
property. A combination of social justice and economic justice denotes what is known as
‘distributive justice’. Political justice implies that all citizens should have equal political
rights, equal voice in the government.

In view of securing to all its citizens social justice Indian Constitution provides some
Fundamental rights in Part III some of which are available to all persons and some are
enjoyable only by the citizens of India. Further, to realize the goal of social justice the
constitution also provides some direction to the State in the form of Directive Principles of
State Policy and lays down that the state shall direct its policy towards securing these
objectives.

CONSTITUTIONAL PROVISIONS ENSURING SOCIAL JUSTICE-

Fundamental rights in Part III some of which are available to all persons and some are
enjoyable only by the citizens of India are:-

a) Equality before law (Art 14)

b) Prohibition of discrimination on ground of religion, race, caste, sex or place of birth (Art
15)

c) Equality of opportunity in matters of public employment (Art 16)

d) Abolition of Untouchability (Art 17)

e) Abolition of titles (Art 18)

f) Protection of certain rights regarding freedom of speech etc. (Art 19)

g) Protection of life and personal liberty (Art 21)

h) Protection in respect of conviction for offenses (Art 20)

i) Protection against arrest and detention in certain cases (Art 22)

j) Protection of traffic in human beings and forced labour (Art - 23)

k) Prohibition of employment of children in factories or mines or in any other hazardous

l) Freedom of Religion (Art 25 - 28)

m) Protection of interests of minorities (Art 29-30)

n) Judicial remedies for enforcement of rights conferred by this Part - III of the Constitution
(Art 32)

Chapter IV of Indian Constitution Article 36 to 51 incorporates certain directive principles of

a) Promotion of welfare of the people (Art 38)

c) Equal justice and free legal aid (Art 39A)

d) Right to work, education and to public assistance in certain cases (Art 41)

e) Just and human conditions of work and maternity relief (Art 43)

f) Living wages for workers (Art 44)

g) Uniform civil code (Art 44)

h) Free and compulsory primary education for children (Art 45)

“The principles of Policy set forth in this part are intended for the guidance of the State.
While these principles shall not be cognizable by any Court they are nevertheless
fundamental in the governance of the country and their application in the making of laws
shall be the duty of the State.”

The DPSP policies or directions of law which are encouraging social justice are: equal pay
for equal work, organization of village panchayats, Just and humane conditions of work and
maternity relief, living wages for workers, etc.

INDIAN JUDICIARY’S INTERPRETATION OF SOCIAL JUSTICE:

In India, courts have performed a great role to make the social justice successful. In the field
of distributive justice, Legislature and Judiciary both are playing great role but courts are
playing more powerful role to deliver compensatory or corrective justice but these principles
are known as mutually relatives not mutually opposites. Ideals and goals are to deliver social
justice. Medium may be distributive or compensatory justice. The adopted type may be of
quality, Necessity, Equality, Freedom, Common interest or other. The courts are now taking
leading part in the design of administration of many state services - including services for
mentally ill and retarded, for prison populations, for public welfare recipients, and for abused
children and other dependent persons. With that end in view the Supreme Court of India
evolved a new mechanism of public interest litigation or social interest litigation in the early
eighties. In the fifties and sixties the role of judiciary more or less remained as a sober
manifestation of the movement for social justice based on progressive values. While other
institutions have lost their progressive shine the judiciary remains a uniquely situated
instrument for social justice, perhaps the only effective force for challenging the institutions
of the welfare state.

The Supreme Court of India has given a principal and dynamic shape to the concept of social
justice. Social justice has been guiding force of the judicial pronouncements. The judiciary
has given practical shape to social justice through allowing affirmative governmental actions
are held to include compensatory justice as well as distributive justice which ensure that
community resources are more equitably and justly shared among all classes of citizens. The
concept of social justice has brought revolutionary change in industrial society by charging
the old contractual obligations. It is no more a narrow or one sided or obscure concept. It is
founded on the basic ideal of socioeconomic equality and its aim is to assist the removal of
socio- economic disparities and inequalities.

This judicial activism sharing the passion of Constitution for social justice was rejuvenated
with the Maneka Gandhi case in which fundamental right of personal liberty has been
converted into a regime of positive human rights unknown in previous constitutional diction.
Thereafter, gradually the Supreme Court, particularly some socialist justices tried to explore
social justice in the Fundamental Rights and Directive Principles of State Policy. In this way
the courts try to force the government to realize the new concept of social justice in the cases
of Sunil Batra (right against torture); Bandhua Mukti Morcha (right against bondage);
Peoples Union for Democratic rights (right against bondage); M.C.Mehta (right against
environmental pollution), Upendra Baxi (right to human dignity), Sheela Barse (right to legal
aid); many others. In these cases the judges maintain that in a developing society judicial
activism is essential for participative justice and the bureaucrats as well as the elected
representative will have to face the judicial admonition and pay the penalty if the people in
misery cry for justice.

SOME LANDMARK JUDGMENTS ON SOCIAL JUSTICE:

Maneka Gandhi v UOI, (1978) 1 SCC 248

The seven-Judge Bench held that a triumvirate exists between Article 14, Article 19 and
Article 21. All these articles have to be read together. Any law interfering with personal
liberty of a person must satisfy a triple test: (i) it must prescribe a procedure; (ii) the
procedure must withstand the test of one or more of the fundamental rights conferred under
Article 19 which may be applicable in a given situation; and (iii) it must also be liable to be
tested with reference to Article 14. As the test propounded by Article 14 pervades Article 21
as well, the law and procedure authorizing interference with personal liberty must also be
right and just and fair and not arbitrary, fanciful or oppressive. If the procedure prescribed
does not satisfy the requirement of Article 14 it would be no procedure at all within the
meaning of Article 21.

Air India v Nargesh Meerza, [1978] 2 SCR 621

Air India, a state-owned company, required female flight attendants to retire under three
circumstances: (1) upon reaching 35 years of age, (2) upon getting married, or (3) upon first
pregnancy. The same rules were not applicable to male attendants. The Court struck the rules
down, holding that these requirements constituted official arbitrariness and hostile
discrimination in violation of Article 14.