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Social Justice Provision in Indian Constitution: Volume 6, Issue 3, 2020, PP 1-9 ISSN 2454-9452

The document discusses the concept of social justice as enshrined in the Indian Constitution, emphasizing its role in promoting equality and welfare for all citizens. It outlines various constitutional provisions that aim to protect the rights of marginalized groups and ensure social and economic justice. The author argues that social justice requires preferential treatment for disadvantaged sections of society and highlights the need for effective implementation of government policies to achieve these goals.
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0% found this document useful (0 votes)
5 views9 pages

Social Justice Provision in Indian Constitution: Volume 6, Issue 3, 2020, PP 1-9 ISSN 2454-9452

The document discusses the concept of social justice as enshrined in the Indian Constitution, emphasizing its role in promoting equality and welfare for all citizens. It outlines various constitutional provisions that aim to protect the rights of marginalized groups and ensure social and economic justice. The author argues that social justice requires preferential treatment for disadvantaged sections of society and highlights the need for effective implementation of government policies to achieve these goals.
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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International Journal of Political Science (IJPS)

Volume 6, Issue 3, 2020, PP 1-9


ISSN 2454-9452
http://dx.doi.org/10.20431/2454-9452.0603001
www.arcjournals.org

Social Justice Provision in Indian Constitution


Dr. Shridevi S. Suvarnakhandi*
Assistant Professor B.L.D.E. Association‟s Law College Jamkhandi

*Corresponding Author: Dr. Shridevi S.

Abstract: Indian democracy is the largest one in the world that embraces within a very important goal to
achieve social equality and justice in a very clear way. Justice is always associated with a presumption of fair
treatment, equal rights and access in the legal system. Social justice is a concept necessary for the welfare
state. Indian Constitution adopts this concept in various provision including preamble in the form of
„Socialist‟, „Social and Economic Justice‟, „Equality‟ etc. that clearly states that the state is lengthily involve
in social welfare of people and endeavour to establish an equal society. The author in this research paper has
elaborately discussed the scheme of social welfare as enumerated in the Indian Constitution. The author has
stressed that Social justice does not demand equal treatment but preferential treatment. The proper and
balanced implementation of government policies is needed to ensure social justice in the society.

1. INTRODUCTION
The Indian Constitution is unique in its contents and spirit. The constitutional scholar Granville
Austin, in his magisterial work’
1 states that probably no other Constitution in the world ―has provided so much impetus towards
changing and rebuilding society for the common good‖. Though borrowed from almost every
constitution of the world, it has several salient features that distinguish it from the constitutions of
other countries. Social justice is the idea of creating a society or institution that is based on the
principles of equality and solidarity, that understands and values human rights, and that recognizes the
dignity of every human being.
2 Feeling of social justice is a form of relative concept which is changeable by the time,
circumstances, culture and ambitions of the people.
3 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. 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. 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 ―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. Social
inequalities of India expect solution equally.
International Journal of Political Science (IJPS) Page| 1
Social Justice Provision in Indian Constitution

The makers of the constitution who were well known to the use and minimalist of various principles
of justice wanted to search such form of justice which could fulfill the expectations of whole
revolution. 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 and it is the foundation stone of Indian Constitution. The preamble and various
Articles contained in Part IV of the Constitution promote social justice so that life of every individual
becomes meaningful and he is able to live with human dignity. The concept of social justice engrafted
in the Constitution consists of diverse principles essentially for the orderly growth and development
of personality of every citizen. Social justice is thus an integral part of justice in the generic sense.
Justice is the genus, of which social justice is one of its species; Social justice is a dynamic devise to
mitigate the sufferings of the poor, weak, dalits, tribals and deprived sections of the society and to
elevate them to the level of equality to live life with dignity of person.
2. MEANING OF SOCIAL JUSTICE
Social Justice as a concept arose in the early 19th century during the Industrial Revolution and
subsequent civil revolutions throughout Europe, which aimed to create more egalitarian societies and
remedy capitalistic exploitation of human labour. Because of the stark stratifications between wealthy
and the poor during this time, early social justice advocates focused primarily on capital, property,
and the distribution of wealth.
By the mid-20th century, social justice had expanded from being primarily concerned with economics
to include other spheres of social life to include the environment, race, gender, and other causes and
manifestations of inequality. Concurrently, the measure of social justice expanded from being
measured and enacted only by the nation-state (or government) to include a universal human
dimension. For example, governments (still today) measure income inequality among people who
share citizenship in common.
3. DEFINITIONS
Several organizations and institutions provide their own definitions for social justice. Here are a few:
―Social justice may be broadly understood as the fair and compassionate distribution of the fruits of
economic growth.‖
―Social justice is the view that everyone deserves equal economic, political and social rights and
opportunities. Social workers aim to open the doors of access and opportunity for everyone
particularly those in greatest need.’’
3.1. National Association of Social Workers
―Social justice encompasses economic justice. Social justice is the virtue which guides us in creating
those organized human interactions we call institutions. In turn, social institutions, when justly
organized, provide us with access to what is good for the person, both individually and in our
associations with others. Social justice also imposes on each of us a personal responsibility to work
with others to design and continually perfect our institutions as tools for personal and social
development.‖
3.2. Canter for Economic and Social Justice
3.2.1. Defining Social Justice
While formal definitions for social justice vary in wording, there are commonalities among them.
1. Equal rights
2. Equal opportunity
3. Equal treatment
With these core values in mind, we can define the phrase as such: Social justice means equal rights,
opportunity and treatment for all.
3.3. Constitutional Provisions Relevant to Social Justice & Empowerment of Vulnerable
Sections
3.3.1. Constitutional Provisions
1. Article 23: Prohibition of traffic in human beings and forced labour.
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Social Justice Provision in Indian Constitution

2. Article 24: Prohibition of employment of children in factories, etc.


3. Article 37: Application of the principles contained in this Part (DPSP).
4. Article 38: State to secure a social order for the promotion of welfare of the people.
5. Article 39: Certain principles of policy to be followed by the State.
6. Article 39A: Equal justice and free legal aid.
7. Article 46: Promotion of Educational and Economic interests of Scheduled Castes, Scheduled
Tribes and other weaker sections.
3.3.2. Social Safeguards
1. Article 17: Abolition of Untouchability
2. Article 25: Freedom of conscience and free profession, practice and propagation of religion.
3.3.3. Political Safeguards
1. Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the
People.
2. Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative
Assemblies of the States.
3. Article 334: Reservation of seats and special representation to cease after sixty years.
4. Article 243D: Reservation of seats (in Panchayats).
5. Article 243T: Reservation of seats (in Municipalities).
3.3.4. Agency for Monitoring Safeguards
1. Article 338: National Commission for Scheduled Castes
3.4. Social Justice a Fruit Of Revolution
Social Justice was initially a doctrine of Social philosophy but now it has entered into statecraft and
has captured. The constitutional field. The process has been historical. Social Justice Secured equality
whereas Political Justice secured liberty. The revolutions have lent this concept majesty that human
relations and associations in all their social, political and economic forms are now clasped within its
fold. The Preamble to the Constitution, a basic postulate of the nation's founding faith, expressly
articulates the vision of the nation as a Social Justice State with a dynamic, democratic, egalitarian
order. Indeed, Parts III and IV is plainly Fabians socialist.
1. Social justice and preamble of the constitution of India;
2. Social justice and fundamental rights of the citizen of India;
3. Social justice and directive principles of state policy.
4. Other provisions of the constitution of India.
1. Social Justice and Preamble of the Constitution of India
Justice, Social, Economic and Political are a triune phenomenon inscribed as a pledge in the Preamble
glory of our Constitution. Economic democracy has a crimson material complexion and expressively
emphasizes a socialist democracy. The Indian Constitution turned to this democratic commitment
begins it Preamble thus: WE, THE PEOPLE OF INDIA, are having solemnly resolved to constitute
India into a (SOVEREIGN SOCIALISTSECULAR DEMOCRATIC REPUBLIC) and to secure to all
its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief,
EQUALITY of status and of opportunity; And to promote among them all FRATERNITY assuring
the dignity of the individual and The (unity and integrity of the Nation); IN OUR CONSTITUENT
ASSEMBLY this twenty sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE
TO OURSELVES THIS CONSTITUTION
The Preamble secure social justice to all the citizens of India
1. Justice - Social, economic, and political. Liberty - Of thought, expression, belief, faith and worship
Equality-Of status and of opportunity. The constitution of India professes to secure to the citizens
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Social Justice Provision in Indian Constitution

social, economic and political justice. Social justice means the abolition of all sorts of inequities
which may result from the inequalities of wealth, opportunity, status, race, religions, caste, title and
the like. To achieve this ideal of social justice, the Constitution lays down the Directives for the State
in Part IV of the Constitution. The word "socialism" in the Preamble of the Constitution was expressly
brought in the constitution to establish an egalitarian social order through rule of law as its basic
structure.
In Minerva Mills Ltd. v. Union of India.237 the Constitution Bench had considered the meaning of
the word "Socialism" to crystallize a socialistic State securing to its people socio-economic justice by
interplay of the Fundamental Rights and the Directive Principles
2. Social Rights Through the Fundamental Right of Citizen
a. Social Rights Subject to Social Control as Charted out in part III of the constitution:
Social Justice Concerns with such Rights only as shave a social impact which can be controlled from
wider social perspective. Speaking broadly, every rights has a social element man being a creature of
the society social justice concerns itself with the rights of social rather than of a personal nature.
Keshavanand Bharti vs. state of Kerala The fundamental Rights and directive principles are
supplement each other and aim at the same goal of about a social revolution and the establishment of
a welfare state. The fundamental rights of our constitution are social justice. It is mentioned in the
preamble itself Justice: Social, Political, and Economic. It the ideas of social justice were not to
remain on paper, how do we give them concrete shape? How do citizens realize that it is through
governance they ought to get social Justice?
b. Fundamental Rights in India - Nature and Scope:
Part - III of the Constitution is said to contain the bill of Rights for the people of India. They have
been said to be the very foundation and the corner-stone of the democratic way of life ushered in this
country by the Constitution. These rights have been declared as sacrosanct, inalienable and inviolable.
It has been emphasized that Fundamental Rights are not to be read in isolation. They have to be read
along with the Chapter on Directive Principles of State Policy and the Fundamental Duties enshrined
in Article 51A. The Rights are to be kept in conformity with the changing socio-economic conditions.
For the purpose, the Constitution confers power on the State, the constituent power, the power to
amend the Constitution including the Fundamental Rights. For example, the Constitution 1st
Amendment, 1951, amended the provision relating to Fundamental Rights.
C. Social justice through the Fundamental rights of citizen
The Fundamental Rights, which are secured by the Constitution of India, are grouped under the
following heads
(i) Right to Equality (Articles 14 to 18)
(ii) Right to Freedom (Articles 19 to 22
(iii) Right to Education (Article 21-A)
(iv) Right against Exploitation (Articles 23 and 24)
(v) Right to Freedom of Religion (Articles 25 to 28)
(vi) Cultural and Educational Rights of minorities (Articles 29 and 30) and
(vii) Right to Constitutional Remedies (Article 32)
D. Fundamental Rights are Available against the State:
According to the philosophy behind Fundamental Rights, they are available only against the State, for
they are limitations upon the powers of the Government, Legislative as well as Executive. It is against
the might of the State that an individual needs constitutional protection Conceptually, the fundamental
rights are available only against the State, However, there are provisions in part III of the
Constitution, which impose limitations upon the action of private individuals as well, for example,
Articles 15(2), 17, 18(2), 23(1), and 24. As regards these provisions, the Supreme Court in People's
Union for Democratic Rights v. Union of Indian ruled that it was the constitutional obligation of the
State of takes necessary steps for the purposes of interdicting such violation and ensuring observance
International Journal of Political Science (IJPS) Page| 4
Social Justice Provision in Indian Constitution

of the fundamental rights by the private individual who was transgressing the same. 245 The first
Fundamental Right secured to the people of India is the "Rights to Equality". It is contained in
Articles 14 to 18. These provisions are discussed under the following heads1. Equality Before Law or
Equal Protection of Laws (Article 14) 2. Prohibition of Discrimination Against Citizens (Articles 15)
3. Equality of Opportunity in Public Employment (Article 16) 4. Abolition of "Unsociability" (Article
17) 5. Abolition of Titles (Article 18)
3. Directive Principles of State Under 35 to51 provid Social Economic and Political Justice
Part IV of the Constitution sets forth the ideals and objectives to be achieved by the State for setting
up in India a Social Welfare State, which aims at social welfare and the common good and to secure
to all its citizens, justice-social and economic. The inspiration for including in the Constitution, such
Principle is drawn from the Constitution of Ireland, 1937.
I. Object and purpose Behind the Directive Principles: is to bring social welfare state: The
founding-fathers were aware of the drawbacks; the country had been suffering from, such as, poverty,
unemployment, and lack of education, social, economic, and political backwardness. They, in order to
eradicate, these evils, set forth in the very Preamble, the ideals and objectives to be achieved. The
intention was to establish in India a democracy-political, economic and social. To achieve this
cherished goal, the trainers were unanimous to secure to the people practically all the prevailing
political, social and economic rights. The effect of the insertion of Articles 31C was to provide
supremacy for Directive Principles contained in Articles 39(b) and 39(c) over Fundamental Rights
contained in Articles 14, 19 and 31
II. Promotion of social justice order in which social, economic and political justice:
State of Mysore v. workers of gold mines 317Gajendragadkar had observed that social and economic
justice have been given a place of pride in our constitution. Article 38(1) and 43 of the
constitution38(1) provides requires-The state shall strive 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 institution of national life. Clauses (2) article 38—which was inserted by
the constitution (44th amendment) act 1978 further requires—the state shall, in particular, strive to
minimize inequalities income and Endeavour to eliminate inequalities in status, facilities and
opportunities, not only amongst, individuals, but also amongst groups of people residing in different
areas or engaged in different vocations318— Article 43—enunciates another directive principal by
providing that. The Shall Endeavour to secure, by suitable legislation or economic origination or in
any other way, to all workers agriculture, industrial or otherwise, worth a living wage, condition of
work ensuring a decent standard of life and full enjoyment of leisure and social and cultural
opportunities supreme court emphasized that the concept of social and economic justice is a living
concept of revolutionary import, which gives substances to the Rule of law and meaning and
significance to the ideal of a welfare state
C. Article 39 provides: "The State shall, in particular, direct its policy towards securing
(a) That the citizens, men and women equally, have the right to an adequate means of livelihood;
(b) That the ownership and control of the material resources of the community are so distributed as
best to sub serve the common good;
(c) That the operation of the economic system does not result in concentration of wealth and means of
production to the common detriment;
(d) That there is equal pay for equal work or both men and women;
(e) That the health and strength of workers, men and women, and the tender age of children are not
abused and that citizens are not forced by the economic necessity to enter avocations unsuited to their
age or strength320. Those children are given opportunities and facilities to develop in a healthy
manner and in conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.
D. Equal Justice and Free Legal Aid (Article 39-A):
Article 39A obligates the State to 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
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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". This Directive Principle was inserted by the
Constitution (42nd Amendment) Act 1976.Article 39A promotes justice on the basis of equal
opportunities. It imposes an imperative duty upon the State to provide free legal aid to the poor 321
The court in Rajan Dwivedi v. Union of India 322ruled that it could issue a writ of mandamus to
enforce Article 39-A and the social obligation of equal justice and that free legal aid had to be
implemented by suitable legislation or by formulating scheme for free legal aid. In pursuance of this
suggestion Parliament passed the Legal services Authorities Act, 1987.
E. Village Panchayats (Article 40 of the constitution and social justice Article 40 commands that
"the State shall take steps to organize village panchayats and endow them with such powers and
authority as may be necessary to enable them to function as units of self-government". The
Constitution (73rd Amendment) Act, 1992 and the Constitution (74th Amendment) Act, 1992 which
have inserted Article 243 to 243ZG are the major steps taken in the direction of implementing the
Directive Principles contained in Article 40. The Constitution of India has guaranteed social,
economic and political rights to the women in order to promote equality of status and opportunity in
all spheres. Equality in all spheres is inseparable from active political participation. The
73rdAmendment to the Indian Constitution has provided for the reservation of the seats and positions
for women in the Panchayati Raj institutions. It was considered as the most effective institution to
remove inequality, invisibility and powerlessness among the Indian women. The question of political
empowerment of women in rural India had assumed considerable significance with the 73rd
Constitutional Amendment. This amendment mandated the minimum one-third reservation for women
in Panchayati Raj bodies, which is one of the most important aspects of this constitutional initiative.
Women when they come to the power in the Panchyati Raj should first try to provide legal literacy to
their counterparts. It is only then that they will come to know what they are legally entitled to, and
they may come forward to utilize it. The women member with the assistance of the other women of
Gram Saba should try to remove discriminatory family laws. They should also see that these cases are
speedily disposed. The women should raise their voice against social customs. Those holding office in
Panchayat can take up the lead in collective action
F. Right to work, to Education and to Public Assistance (Article 41)328: Article 41 requires that
"the State, shall within the limits of its economic capacity and development, make effective provision,
for securing the right to work, to education and to public assistance in cases of unemployment, old age
sickness and disablement, and in other cases of underserved want.
(G) Just and Humane Conditions of Work (Article 42)329: Article 42 requires that "the State shall
make provisions for securing just and humane conditions of work and for maternity relief ―This
Article exhibits the concern of the framers of the Constitution for the welfare of the workers.
(H) Article 43 sets out the ideals to which our Social Welfare State has to approximate in an attempt
to ameliorate the living conditions of the workers.
(I) Participation of Workers in Management of Industry (Article 43A): Article 43A obligates: "The
State shall take steps, by suitable legislation or in any other way, to secure the participation of workers
in the management of undertakings, establishments or other organizations engaged in any industry
―Article 43A was inserted by the Constitution (42nd Amendment) Act, 1976. The workers
participation may mean sharing in decision-making and policy-making with the management, or it
may be described as transfer of decision-making right in the enterprise or undertakings. The Supreme
Court held that it was an accepted doctrine today that labour was the backbone of the Nation,
particularly in the area of economic self-reliance
(J) Common Civil Code (Article 44) Article 44 directs: "The State shall Endeavour to secure for the
citizens a uniform civil code throughout the territory of India.".331
(K) Free and compulsory Education for Children (Article 45) Compulsory Early Childhood Care &
Education for Children- the State shall Endeavour to provide early childhood care and education for
all children until they complete the age of six years.332 "The State shall Endeavour to provide, within
a period of ten years from the commencement of this Constitution, free and compulsory education for
all children until they complete the age of fourteen years.
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(L) Promotion of Educational and Economic Interest of Weaker Sections (Article 46) ―The State shall
promote with special care the educational and economic interests of the weaker sections of the people,
and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from
social injustice and forms of exploitation333. The expression "weaker sections of the people" is not
defined in the Constitution. It includes all sections of the society, who were rendered weaker due to
various causes including poverty and natural and physical handicaps.
(M) Duty to Raise the Level of Nutrition and the Standard of Life intoxicating drinks and of drugs
which are injurious to health. 334
(N) Implementation of Directive principles of state policy-Role of Judiciary regarding social justice:
It is well settled that both the Fundamental Rights and the Directive Principles aim at the same goal of
bringing about a social revolution and the establishment of a Welfare State. It is a mandate of the
Constitution not to the Constitution (86th Amendment) Act, 2002, inserting Article 21-A.
4. Other Provisions of Social Justice Under the Constitution of India
(A) Fundamental duties regarding social justice U\A 51A to protect and improve the natural
environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
Lakes, rivers and wildlife, and to have compassion for living creatures. To develop the scientific
temper, humanism and the spirit of enquiry A parent or guardian to provide opportunities for
education to his child or, as the case may be, ward between the age of six and fourteen year
These Duties have been added to implement the recommendations of the Swaran Singh Committee
reported in 1976. These duties are intended to create psychological consciousness among the citizens
and are of merely educative value.
(B) Object and Importance of the Fundamental Duties: The fundamental duties have been
incorporated in the Constitution with the mere object to remind every citizen that while enforcing his
fundamental rights, he must also be conscious of his fundamental duties. These duties, it is said,
would help to strengthen our democracy. These provisions are made for Enforcement of Fundamental
Duties. In Surya Narain v. union of India336. The Rajasthan High Court held that the duties under
Article 51A were the duties of the individual citizens. They cast no public duties and, therefore, a
mandamus could not be sought against an individual who did not observe his duties under Article
51A. Minister in charge of tribal welfare who may in addition be in charge of the welfare of the
scheduled castes and backward classes. Article 244 (1 ) Regarding administration of scheduled areas
and tribal areas –
(1) The provisions of the Fifth Schedule shall apply to the administration and control of the
Scheduled areas and Scheduled tribes in any state other than the state of Assam, Meghalaya, Tripura
and Mizoram.
(2) The 335 the New Caluse (K) was Inserted by the 86 Constitutional Amendment Act 2002 336
AIR 1982SC135. 198 provisions of the sixth schedule shall apply to the administration of the tribal
areas in the state of Assam, Meghalaya, Tripura and Mizoram.
a) Article 330: Reservation of seats for the scheduled castes and scheduled tribes in the House of
People. Article 332: Reservation of seats for scheduled castes and scheduled tribes in the Legislative
Assemblies of the states
b) Article 334: Reservation of seats and special representation in Legislative Assemblies and House of
People to cease after fifty years.
c) Article 335: Claims of scheduled castes and scheduled tribes to service and posts. The claims of the
members of the scheduled castes and scheduled tribes shall be taken into consideration consistently
with the maintenance of efficiency of administration in the making of appointments to service and
posts in connection with the affairs of the Union or of a state. d) Article 338: National Commission
for scheduled castes and scheduled tribes.
e) Article 339: Control of the Union over the administration of Scheduled castes and Scheduled tribes.
f) Article 340: Appointment of a commission by the president to investigate the conditions of
backward classes. 199 g) Article 341: Power of the President to specify the castes, races or tribes or
posts of or groups within castes, races or tribes as scheduled castes.
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Social Justice Provision in Indian Constitution

4. CONCLUSION
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.
The significance and importance of the concept of social justice today that 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. 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. 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.
These are five basic principles, of Babasaheb Ambedkar, through which justice can be dispensed in
the society. These are first establishing a society where individual becomes the means of all social
purposes, second establishment of society based on equality, liberty and fraternity and third
establishing democracy political, economic and social, forth establishing democracy through
constitutional measures and fifth establishing democracy by breaking monopoly of upper strata on
political power. These are main principles of Ambedkar’s theory of social justice, Ambedkar was of
the opined that Social Justice can be dispensed in a free social order in which an individual is end in
itself. Associated life between members of society must be regarded by consideration founded on
liberty, equality and fraternity.
When social 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 social
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 for the poor, for the backwards class. 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 equal 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 the
society, 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 the basic dignity of the human being and the
inherent need of every individual to grow into the fullness of life.
Today our judiciary is the protector of civil rights, 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 for the
welfare of people and for social justice.
REFERENCES
[1] S. R. Myneni, Political Science, Allahabad Law Publication, Faridabad (2008) p. 207.
International Journal of Political Science (IJPS) Page| 8
Social Justice Provision in Indian Constitution

[2] AmbikeshK.Tripathi, ConceptofSocialJusticeinPoliticalThoughtwithSpecialFocusonGandhiandAmbedkar,


Vol 3. No. 7, Shodh Drishti, (2012) pp 37-38.
[3] J. P. Suda, Modern Political Thoughts, K. Nath & Co., Meerut, p. 306.
[4] Dias, Jurisprudence 5th Edition, Butterworth & Co. (1985) pp. 481-482.
[5] Krishna Iyer, Justice and Beyond, Deep and Deep Publication, New Delhi (1982) p. 63
[6] Gajendragadkar, 'Law Equality and Social Justice', (Bombay: Asian Publication, 1969) p. 47

Citation: Dr. Shridevi S. Suvarnakhandi. “Social Justice Provision in Indian Constitution” International Journal
of Political Science (IJPS), vol 6, no.3, 2020, pp. 01-09. doi: http://dx.doi.org/10.20431/2454-9452.0603001.

Copyright: © 2020 Authors. This is an open-access article distributed under the terms of the Creative
Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium,
provided the original author and source are credited.

International Journal of Political Science (IJPS) Page| 9

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