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Justice
Justice is the most important as well as most discussed feature or condition of every civilised
society. It is the basis of orderly human life. People, state, government and society all seek to
secure justice. It is the ideal of every society. In defending and opposing all policies,
decisions, rules, regulations and actions of the government or any other organisation, appeals
are made in the name of justice. People engaged in a movement or agitation for securing their
demands or in every public protest movement, always raise the slogan: "We want Justice."
All civil rights movements are basically movements for Justice. In fact, Justice is the first
objective which every modern liberal democratic state wants to secure for its entire people.
The Preamble of the Constitution of India defines the securing of social, economic and
political justice for all the people as the first objective to be secured by the Indian state.

Justice is a complex concept as it touches almost every aspect of human life. The word justice
stands derived from the Latin word "jungere" meaning to bind or to tie together. The word
"jus" also means tie or bond. In this way, justice can be defined as a system in which men are
tied or joined in a close relationship. Justice seeks to harmonise different values and to
organise upon it all human relationships.

Justice demands the regulation of the selfish actions of people as well as the securing of a fair
distribution of resources, rewards and benefits, equal treatment of equals, proportionate and
just rewards for all and harmony between individual interests and the interests of the society.

Definitions:

Justice has been defined differently by different persons. In fact, its meaning has been
changing from time to time.

In ancient times, Greek philosopher Plato held justice as the virtue of the ideal state and
defined it as the performance of his due functions by each man in accordance with the chief
quality of his soul. Justice was taken to mean complete unity and harmony in the state in
which all persons perform their own functions i.e. the functions of the class to which they
belong.

Aristotle explained justice as a means for securing a degree of equality involving identity of
treatment and proportionality or equivalence. Identity of treatment of all was described by
him as cumulative justice. Proportionality of justice was described by Aristotle in terms of
distribution of rights, goods, and wealth among the people.

The Utilitarians defined justice as the securing of the greatest happiness of the greatest
number. Lawyers still conceptualise justice in terms of law and punishment.

The socialists define Justice as socio-economic equality and a fairer and equitable distribution
of wealth, income, and resources. Some scholars define it as social justice while several
others describe it as social, economic and political justice.
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D.D. Raphel holds that justice stands defined as legal justice as well as moral justice. Legal
justice is concerned with law and punishment and moral justice is concerned with rights of
the society as well as the rights of the individual.

Some scholars define Justice as Procedural Justice while others as Substantive Justice or
Distributive Justice.

According to Salmond, justice means to distribute the due share to everybody. Dr. Raphael
had also stated that justice protects the rights of the individuals as well as the order of society.

To sum up, justice means a fair and just allocation of goods, services, opportunities, rewards,
benefits, burdens and penalties among all the people in society. In contemporary times, a
large number of scholars define Justice as social justice.

Features:

1. Justice is related to mutual relationships of persons living in society.

2. Justice is based on values and traditions of society.
3. Justice is related to all aspects of human behaviour in society. Justice means justice
under law, punishment for the violators of the law of the state and compensation for
the aggrieved or sufferers from the violations of law. Laws are made and courts are set
up with this aim in view.
4. Justice aims to ensure equal rights, opportunities and facilities to all in a fair and just
way.
5. The function of justice is to harmonise individual interests with the interests of
society.
6. Justice is a primary value and it is inseparably related to other values like liberty,
equality and property.
7. Justice is the principle of balancing or reconciling human relations in society in such a
way to enable each one to get his due rights, towards and punishments.

Kinds:

Looked at from different points of view,justice may be divided into natural justice, social
justice, economic justice, political justice, legal justice, procedural and substantive or
distributive justice.

1. Natural Justice:

The concept of Natural Justice is a very broad and complex concept which stands defined
differently by different philosophers, jurists and judges. In British Jurisprudence, Natural
Justice is a technical term used in jurisprudence for the rule against bias and the rule which
upholds the right to a fair hearing. As a general concept, Natural Justice means the "Duty to
act fairly." The basis for such a view of Justice is the need to maintain public confidence in
the legal system, fair legal procedures, fair unbiased hearings, dispensation of justice
objectively, impartially, and in accordance with the rules of procedure and law. It stands for
right to a fair hearing, rule against bias, no one can be condemned without giving him a fair
hearing and no one is to be made a judge in his own case. Such principles of Natural Justice
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have emerged as the need of man to protect himself from excesses of organised power. Law
and legal justice must conform to the principles of Natural Justice.

The principles of Natural Justice are considered basic human rights because they attempt to
bring justice to the parties naturally. Every judgement has to be a reasoned decision and meet
the ends of justice. The concept of natural justice, despite having abstract, philosophical and
metaphysical properties, has nevertheless inspired and required the judges to deliver reasoned
fair, objective partial impartial unbiased decisions. The concept of Natural Justice has always
inspired judges. It always acts as a source of confidence in the fairness of the judicial system.

The Indian concept of Natural Justice was defined by Justice Hegde of the Indian Supreme
court in 1969 (In Karaipak's Case), when he observed that the aim of natural justice was to
secure justice or to put it negatively, to prevent a miscarriage of justice. Likewise, Justice P.
B. Mukherjee explained the major elements or principles of Natural justice to be (1)Fair
hearing of the case while adhering to the maxims of neutrality and impartiality of a judge;
(2)Extension of opportunity [to defend]; (3) Giving of notice; (4) Insurance against surprise;
(5)Facilities for adequate legal representation (use of services of lawyer for his/her defence);
(6) Tested evidence as right of Cross Examination; (7) Provision to produce evidence; (8)
Delivery of reasoned decisions, and (9) Balancing verifiable human factors by providing for
appeals/revisions (Right to appeal against a decision) and the like.

As such, the concept of Natural Justice involves the right to be heard, fair and adequate
opportunity for being heard, unbiased hearing, opportunity to defend, Provision for having
the services of a lawyer, right to defend, right to challenge the evidence, reasoned decision
and to be judge in one's own case.

2. Social Justice:

In contemporary times a large number of scholars prefer to describe the concept of Justice as
Social Justice. Social Justice is taken to mean that all the people in a society are to be equal
and there will be no discrimination on the basis of religion, caste, creed, colour, sex or status.
However various scholars explain the concept of Social Justice in different ways. Some hold
that social justice is to allot to each individual his or her due share in the social sphere. Laski
describes social justice as another name for equal social rights. To Barker, "social justice aims
to provide equal opportunities to every individual to develop his inherent qualities."

Social democrats and modern liberal thinkers define social justice as the attempt to
reconstruct the social order in accordance with moral principles. Attempts are to be
continuously made to rectify social injustice. It also stands for a morally just and defensible
system of distribution of reward and obligations in society without any discrimination or
injustice against any person or class of persons. Untouchability and apartheid are against the
spirit of social justice.

The Constitution of India includes several provisions which have been included with a view
to secure social justice. Untouchability has been constitutionally abolished. Every citizen has
been granted an equal right of access to any public place, or place of worship or residence or
entertainment. The state cannot discriminate between citizens on the basis of birth, caste,
colour, creed, sex, faith or status or any of these. Right to equality of opportunity is a
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fundamental right of the people of India. Absence of privileged classes in society, absence of
discrimination on the basis of caste colour, creed, religion, language, region sex or place of
birth and absence of widespread economic inequalities among the people are the imperative
conditions of Social Justice.

Along with it, equitable and fair distribution of rewards, equal opportunities for earning
rewards, special protections for weaker and disadvantaged sections of society, equal and
adequate opportunities for minorities, and absence of unequal and privileged classes in
society are essential attributes of social justice. Further, the existence of a fair and just system
of distribution of all services, rewards, benefits and privileges is a salient feature of Social
Justice. Social Justice essentially involves the concept of Distributive Justice.

Social Justice and Distributive Justice

The concept of Distributive Justice has assumed a new and added importance in
contemporary times. Distributive Justice stands for equitable and fair distribution of social
primary advantages (rewards, benefits, incomes, goods, services opportunities, powers and
honour). In this way it is very closely related and near to Social Justice. Without this, no state
can secure the objective of Social Justice.

The concept of Distributive Justice was initially explained by Aristotle. He held that justice
consisted in an equality of proportion between persons and things assigned to them. He
advocated the view that differences in treatment should be proportionate to the degree to
which individuals differ in relevant respects. Explaining his conception of Distributive
Justice, Aristotle wrote, "Equals should be treated equally and unequals unequally. Injustice
arises when the reverse comes to take place."

Distributive Justice therefore means proper i.e. proportionate allocation of rewards to various
persons according to their worths and contributions.

Social Justice and Multiculturalism:

Multiculturalism and Social Justice are interrelated concepts. Both are supplementary and
complementary to each other. Multiculturalism recognises the value and fact of cultural
diversity and value pluralism which characterises every contemporary civilised society. It
upholds the principle of Unity in Diversity which alone can provide broad and sound
foundations to the objective of national unity and integration.

Multiculturalism supports the common collective identity of a nation which has within its
fold, several or some distinct cultural or ethnic groups with their respective traditions, beliefs
and ways of life. It advocates the case of equality in the rights and freedoms of the people
belonging to all cultural/ethnic groups (the majority group as well as all minority groups)
living in the society. It upholds the principle of equality of all nationalities (ethnic and
cultural groups) living in the country as equal groups of people free from every form of
discrimination. In a society all cultural groups (majority as well as minority groups) are
entitled to enjoy equal rights, freedoms and opportunities for living and following their
respective traditions and beliefs and yet living as equal members of one integrated and united
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nation. This view of Multiculturalism which has been the accepted contemporary view, is
very near to the contemporary conception of Social Justice.

In contemporary times, Social Justice is taken to mean that all the people in a society are to
be treated as equal and there is to be no discrimination on the basis of religion, caste, creed,
colour, sex or status. It stands for equality of rights and opportunities for all the people
without any discrimination. Only merit is the criteria for distribution of all rewards benefits
and privileges. It upholds the principle of just and proportionate fair distribution of all
benefits, rewards and responsibilities among all the people on merit, and irrespective of their
castes, religions, creeds, languages,genders,places of residences or any other such factor.

In fact, absence of privileged classes in society, absence of discrimination and absence of

widespread economic inequalities among the people are the imperative conditions of Social
Justice. Equality of social status, rights, freedoms, and opportunities for development, special
protections for the people belonging to weaker and disadvantaged sections of society, and fair
and equitable distribution of income, rewards and benefits among all, are the hallmarks of
Social Justice.

3. Economic Justice:

Economic Justice is indeed closely related to social justice because the economic system is
always an integral part of the social system. According to Setalvad, "Economic justice means
providing opportunities to the people to earn money and to use it properly. It is implied that
the society must assist those who cannot earn for themselves."

Economic rights and opportunities available to an individual are always a part of the entire
social system. There are several different views regarding the meaning of economic justice.
The liberals consider open competition as just and they support private property. On the other
hand, the socialists seek to establish complete control of the society upon the entire economic
system. They oppose private property. Whatever be the ideology or the system, one thing is
clear and that is that all citizens must be provided with basic necessities of life. All citizens
must have their basic needs of life fulfilled (Food, clothing, shelter, education, health and so
on).

Economic justice demands that all citizens should have adequate opportunities to earn their
livelihood and get fair wages that can enable them to satisfy their basic needs and help them
to develop further. The state should provide them economic security during illness, old age
and in the event of a disability. No person or group should be in a position to exploit others,
nor get exploited. There should be fair and equitable distribution of wealth and resources
among all the people. The gap between the rich and the poor should not be glaring and deep.
The fruits of prosperity must reach all people as equal members of the society.

4. Political Justice:

Political justice means giving equal political rights and opportunities to all citizens to take
part in the administration of the country. Citizens should have the right to vote without any
discrimination on the basis of religion, colour, caste, creed, sex, birth or status. Every citizen
should have an equal right to vote and to contest elections.
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Political Justice also means that all the citizens should enjoy equal opportunities to hold
public offices and to get government service. Every citizen should have the right to express
his/her views freely in his/her speeches or writings and he/she should have the right to form
his/her associations. All citizens should have the right to criticise the government for its
policies and actions.

Political Justice also means the right and opportunity to exercise power, not on the basis of
force but on the basis of public opinion. Political authority should be used to promote the
interests and welfare of all the people. The decisions and policies of the government should
be formed and enforced keeping public welfare in view.

In simple words, Political Justice involves the concept of free and equal opportunities for all
for participation in the political process. The struggle for power i.e. political competition
should be free, orderly and fair. Exercise of political power should be in the interest of the
society as a whole and not in the interest of the ruling group/party. All classes of people
should have the opportunity to organise their groups/associations for participation in the
political process.

Enjoyment of equal political rights by all is the most essential condition of Political Justice.

5. Legal Justice:

Justice and Law are very intimately related. Law is the means to establish justice in society.
The state establishes justice in society by its authority, and law is the manifestation of this
authority. Law defines and determines justice. It protects and lends justice a reality. In simple
words it can be said, Legal Justice stands for rule of law.

Legal justice has two dimensions -- the formulation of just laws and to do justice according to
the laws. While making laws, the will of the rulers is not to be imposed upon the ruled. Laws
should be based on public opinion and public needs. Social values, morality, conventions, the
idea of just and unjust must be always kept in view. When the laws do not meet the social
values and rules of morality, citizens neither really accept nor abide by laws. In this situation,
the enforcement of laws becomes a problem. Laws are just only when these are accepted not
out of fear of external power, but when inspired by internal feeling for the laws being good,
just and reasonable.

Legal Justice means rule of law and not rule of any person. It includes two things : that all
men are equal before law, and that law is equally applicable to all. According to Salmond,
"The aim of law is the establishment of what is legitimate, provide legal security, and
prevention of unjust actions." It provides legal security to all. Law does not discriminate
between the rich and the poor. Objective and due dispensation of justice by the courts of law
is an essential ingredient of legal justice. The legal procedure has to be simple, quick, fair,
inexpensive and efficient. There should be effective machinery for preventing unlawful
actions.

All these forms are inter-related and inter-dependent. Justice is real only when it exists in all
these dimensions. Without Social and Economic Justice there can be no real Political and
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Legal Justice. Presence of social and economic inequalities always lead to a denial of equal
justice. An oppressed and poor person is virtually always unable to participate in the political
process or to seek the protection of law and law courts. Likewise, without political rights and
equal protection of law, no person can really get his/her social and economic rights and
freedom protected. Further, Justice requires the presence of rights, liberty and equality in
society and only then can it really characterise life in society.

Procedural Justice and Substantive Justice - Distributive Justice

Apart from discussing the four kinds of justice, we may also look into its other varieties :
Procedural and Distributive Justice.

'Procedural' or 'Formal' Justice refers to the manner in which the decisions or rules are
made. It stands for determining just procedures for the allocation of decisions, rewards,
goods, services, benefits, burdens and penalties. Procedural justice stands for the principle :
"When the procedures are just the outcome is always just."

In other words, Procedural Justice stands for laying down or determining just procedures
necessary for leading to a just and fair allocation of all benefits and burdens. Just outcome
stands guaranteed when just procedures are followed. When a trial in a court of law is held in
accordance with laid down procedures, the decision in the case is just. In this way, Procedural
Justice refers to the legal rules and procedures which guide the legal process. When a
legislature passes laws in accordance with the established procedures and rules, these are
deemed valid and just. These carry a legitimacy with them. The people then obey these laws
as just and binding laws.

The central pillar of the concept of Procedural Justice is the principle of fair equality which
means that law should be make and applied impartially without any discrimination against
any on any ground. The main supporters of Procedural Justice have been Herbert Spencer,
F.A. Hayek Milton Friedman and Rober Nozick.

The supporters of Procedural Justice base their views on the traditional principles of
liberalism and hold that the function of justice is to regulate the relations among individuals
and their groups. For this purpose, the need is to adopt reasonable and just rules which can be
impartially applied to them.

Procedural Justice upholds the rules of market economy and believes that it alone has the
potential to create all necessary conditions for the most efficient and just use of social
resources. This can essentially prevent wastage of human energies and material resources.

To sum up, we can say that Procedural Justice accepts the ideals of equal human dignity and
worth. It consequently, rejects all discriminations among individuals on the grounds of caste,
colour creed, sex, race, religion, language, culture traditions and the like. It strongly supports
the case for free and fair competition on the basis of settled and definite rules of conduct in
all procedures of social relations. It is held to be the basic essential principle for securing
justice.
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Hayek calls upon the state to positively promote competition and ensure that the market
should not get reduced to an instrument of distributive justice. Robert Nozick denies to the
state the authority to redistribute property. Friedman strongly upholds the view that freedom
essentially demands open and free competition and there was little need for the state to
provide for human welfare and security. Only settled and just rules of procedure are to be laid
down for ensuring justice in society.

Substantive/ Distributive Justice:

Supporters of Substantive Justice believe that requirements of Justice cannot be entirely met
by the creation and application of procedural rules. Justice stands for ensuring a fair and just
distribution of values among all the people through just and reasonable decisions and laws.

Substantive Justice stands for just distribution and allocation of social advantages among
various sections of society; only just procedure cannot lead to just distribution of social
advantages, rewards , benefits, and obligations. The procedure of allocation is secondary.
What is of primary importance is a just, fair and reasonable distribution of social advantages
among all the people of society. The procedures can be adjusted for meeting the primary
objective of providing fair and just goods, services, advantages, rewards, benefits to the
people. The contents of law have to be just and reasonable and only then can justice be
secured.

All defenders of Socialism uphold the concept of Substantive Justice. They advocate the view
that social life cannot be made free from inequalities, injustices and exploitations without
suitably transforming socio-economic relations through a fair, equitable and just distribution
of benefits and resources. Human equality, dignity and worth can be ensured by securing
socio-economic reconstruction and development through the making and implementation of
just, fair and needed laws and decisions. The state must actively work for securing a just
synthesis of liberty, equality, and property in a substantive way. This naturally justifies and
necessitates state action for the securing of social, economic, educational and cultural health
and security, particularly for the weaker/disadvantaged people.

Substantive Justice holds that Justice consists in ensuring that all sections of society,
Particularly, the weaker and disadvantaged sections should get just and adequate goods,
benefits and opportunities for development. The law must be fair and just in content. The
procedure of law-making must cater to this need "Just laws do not mean laws made by -
procedures, these have to be just in content." Substantive Justice stands for concrete Justice.
Justice analysed in this way, the meaning of Substantive Justice comes very close to
Distributive Justice.

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