“SOCIAL JUSTICE UNDER INDIAN CONSTITUTION”

PROJECT SUBMITTED TO
DR. B.R. AMBEDKAR LAW UNIVERSITY, JAIPUR
IN PARTIAL FULFILLMENT OF THE REQUIREMENT
PRESCRIBED FOR THE LL.M. 1st SEMESTER EXAMINATION
2022-23
BRANCH: CORPORATE AND COMMERCIAL LAW
BY:
NAME: DEVRAJ SUMAN
ROLL NO: 08

UNDER THE SUPERVISION OF

DR. SWATI MEHTA

DR. B.R. AMBEDKAR LAW UNIVERSITY, JAIPUR

2022

1
 CERTIFICATE

This is to certify that Mr. Devraj Suman has worked under my supervision and guidance. The
work contained in this project is original and has not been submitted in part or in full for any
other degree either in this University or any other University previously by the candidate. I
am satisfied that this research work is worthy of consideration for the award of the Degree of
Master of Laws in post graduate stream of Law and has been complied with the Anti-
Plagiarism Guidelines issued by the competent authorities from time to time.

Place: Jaipur, Rajasthan Dr. Swati Mehta

Date: (Supervisor)

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 ACKNOWLEDGMENTS

I have taken efforts in this project. However, it would not have been possible without the
kind support and help of many individuals. I would like to extend sincere thanks to all of
them.
I am highly indebted to my subject teacher, Dr. Swati Mehta for her guidance and constant
supervision as well as for providing necessary formation in completing this project.

Place: JAIPUR Devraj Suman

Date: Roll no. 08
Branch: Corporate and Commercial Laws
LL.M. Student,
Dr. B. R. Ambedkar Law University, Jaipur.

3
 DECLARATION

I, Devraj Suman hereby declare that this project titled “SOCIAL JUSTICE UNDER
INDIAN CONSTITUTION” is based on the original research work carried out by me under
the guidance and supervision of Dr. Swati Mehta the fulfillment of the requirements of the
Degree of L.L.M. Master of Laws in post graduate stream of Law and has been complied
with the Anti-Plagiarism Guidelines issued by the competent authorities from time to time
including but not limited to this University as well.
The interpretations put forth are based on my reading and understanding of the original texts
and they are not published anywhere in the form of books, monographs or articles. The
books, articles and websites etc. which have been relied upon by me have been duly
acknowledged at the respective places in the text.

Place: JAIPUR Devraj Suman

Date: Roll no. 08
Branch: Corporate and Commercial Laws
LL.M. Student,
Dr. B. R. Ambedkar Law University, Jaipur

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 Table of Contents

TABLE OF ACRONYMS AND ABBREVIATIONS……………………………………..6

TABLE OF CASES…………………………………………………………...………..…....7
TABLE OF STATUES……………………………………………………………..……......8
CHAPTER 1. Introduction……………………………………………………...….…....9-10
1.2 OBJECTIVE
1.3 RESEARCH METHODOLOGY
1.4 RESEARCH PROBLEM
1.5 RESEARCH QUESTION

CHAPTER 2. Meaning of Social Justice……..…………………….……………....….11-12

2.1 Need of Social Justice
2.2 Indian Civil Society and Social Justice

CHAPTER 3 Concept of Social Justice……………...………………………………...13-15

CHAPTER 4. Preamble of Constitution: Place of Social Justice in Face Page Policy of

Constitution……………………………………………………………...………………16-18
4.1 Preamble

CHAPTER 5. Social Justice Under Indian Constitution…………………...…...……19-24

CHAPTER 6.Conclusion and Recommendation………………..………………………..25

Bibliography…………………………………………………………………………...........26

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 LIST OF ACRONYMS AND ABBREVIATIONS

AIR All India Reporter

SCJ Supreme Court Journal
Ibid Same

6
 TABLE OF CASES

1. Minarva Mills vs. Union Of India (1980) 3 SCC 625

2. State of Uttar Pradesh Vs. Pradeep Tandon AIR 1975 SC 563
3. D. S. Nakara v. Union of India (1983)1 SCC305
4. Indra Shahani vs. Union of India AIR 1993 SC 497
5. M.R. Balaji vs State of Mysure AIR 1963 SC 649
6. PUDR vs. Union of India AIR 1982 SC 1473
7. Sadhuram v. Pulin AIR 1984 SC 1471
8. J.K. Cotton Spinning and Waving Co. Ltd. V. Labour Appellate Tribunal AIR 1964
SC 737

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 TABLE OF STATUTES

1. CONSTITUTION OF INDIA, 1950

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 CHAPTER-1
INTRODUCTION

The notion of justice is most commonly associated with an underlying assumption that
justice equates to equal rights, access, and fair treatment in the legal system. The concept of
social justice is the necessary implication of welfare state. The scheme of social Justice is
very well incorporated in the various provisions of the Indian Constitution. The Preamble of
the Constitution includes the terms like ‘Socialist’, ‘Social and Economic Justice’, ‘Equality’
etc., which specify that the state would extensively involve in social welfare of people, and
would try to establish an egalitarian society. Moreover a distinct chapter of Directive
Principles of State Policy has been dedicated towards the welfare responsibilities of the
government, which lays down the norms of ideal governance for people’s welfare. Various
fundamental rights and its subsequent amendments also intended to ensure social justice to
the disadvantaged citizens. The project discusses the concept of social justice and the
provisions of Indian Constitution underlying the concept of social justice with the judicial
interpretation which expend and contribute in the realization of the same.

1.2 OBJECTIVE OF THE STUDY

1. To discuss the Concept of the Social Justice

2. To discuss the relation between Indian civil society and social justice
3. To discuss the Social Justice in Preamble of Constitution.
1.3 RESEARCH METHODOLOGY
In this project, I have used Doctrinal Research Methodology for the research. For the
completion of this research work secondary sources of information have been
utilized to collect data. The other sources of information shall include standard
reference books, law reporters (AIR, SCC, Committee and commission reports and
journals.
1.4 RESEARCH PROBLEM
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. It seeks to do justice to all the
citizens of the state. 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

9
 reasonable measures. The individual freedom and liberty of citizens must be co-
operated with democracy which seeks to regulate freedom and liberty in the interest
of social good. Citizens 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.
1.5 .RESEARCH QUESTION
1. What is the Concept of the Social Justice?
2. What is the relation between Indian civil society and social justice?
3. What is need of Social Justice?

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 CHAPTER-2
MEANING OF SOCIAL JUSTICE

Reasonable, Fair and equal administration of law, justice and opportunity to the each and
every person, without prejudice of origin, gender, race, religion, cast, language, etc., is social
justice in general.

2.1 Need of Social Justice

Man is a social creature and lives in a society. Being a social creature, he has some rights
which he gets from the society. In these rights equality and freedom are chief. Whenever we
interpret these both rights, then the right of live with dignity is raised in pointed manner.
Whenever any right is restricted then inequality and injustice to be generated, which is the
root of a lot of social evils?

The Doctrine of social justice is required to finish the social discrimination which is raised by
the social inequality so that every person may enjoy the dignify life. Thus doctrine of social
justice is must to finish social evils and to get a gentle shape of society.

2.2 Indian Civil Society and Social Justice

Indian society has social class system from ancient time. The society was divided in several
classes on the ground of work, cast, slaveness, forced labour (BANDHUA'S) in ancient age
of time. So that centralization of power, money, education, social powers and material things
were found in ancient Indian civil society.

Long time ago slave system was in trend in which humans were sold and purchased. The
human business was at its extreme stage. Slaves were treated as business goods. They had no
rights. Several social evels were in trend like forced labour, untouchability, child marriage,
prohibition of widow marriage, sati etc. King had absolute powers of judiciary, legislature
and executive. It is an established fact that power corrupts people and absolute power
corrupts absolutely. So, most of kingdoms did atrocities on their citizens. By all these
problems social injustice was raised.

After that people were so much dominated and exploited in every manner in British rule.
Some business family settled their relation with British administrators to earn a lot of money.
Thus people were so much harassed in that time. The freedom fight of India was the fight to

11
get some great ideals; social justice is one of them which have been adopted by the
constituent assembly.

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 CHAPTER-3
CONCEPT OF SOCIAL JUSTICE

The concept of social justice emerged out of a process of evolution of social norms, order,
law and morality. It laid emphasis upon the just action and creates intervention in the society
by enforcing the rules and regulations based on the principles in accordance with social
equality. The term 'social' as we can understood, is concerned with all human beings within
the society and term 'justice' is related with liberty, equality and rights. Thus social justice
ensures liberty, equality and maintains their individual rights in the society. In other words,
securing the highest possible development of the capabilities of all members of the society
may be called social justice. In dealing with the concept of social-justice, it becomes essential
to differentiate between the traditional idea of 'justice' and modern idea of 'social justice'
intended to establish an egalitarian society. The notion of social justice, however, is relatively
recent phenomenon and largely a product of the modern social and economic developments.
The traditional idea of justice which is described as often conservative approach, focused on
the qualities of ‘Just’ or virtuos man, while the modern idea of social justice assumes a Just-
society. In ancient Greek and Hindu approach, the justice is concerned with functioning of
duties, not with notion of rights. Both Plato and Aristotle hold the state to be prior to the
individual. 1 Under ancient Indian tradition, Dharma is another name of code of obligations
and justice is nothing but virtuous conduct with dharma.2

In modern liberal philosophy "justice" is defined in terms of rights not as duties. The source
of such rights is the state legislation which limits the state power non-infringing or taking
away fundamental rights. In modern societies, almost all constitutions guarantee such rights
and ensure their effective implementation. In this sense justice becomes a disposition to give
everyone’s his rights. The modern liberal view of justice has been developed in the writings
of various thinkers including John Locke, Bentham, John Stuart Mill, Spencer and Adam
Smith. According to Rousseau men are equal by nature but the institution of private property
has made them unequal and further perpetuated inequalities. Therefore, the perfection of man
lies in the improvement of society that can be done by observing cultivating natural feelings
and sentiments which guarantee equality and social-justice. According to Marxist analysis,

1
S. R. Myneni, Political Science, Allahabad Law Publication, Faridabad (2008) p. 207
2
Ambikesh K. Tripathi, Concept of Social Justice in Political Thought with Special Focus on Gandhi and
Ambedkar, Vol. 3 No. 7, Shodh Drishti, (2012) pp 37-38
13
the source of injustice is the private ownership of the means of production, which creates the
social divisions into bourgeoisie and proletariat classes. To establish of the ideal state of
justice it is necessary to abolish private property and to create a classless society.

The objective of social justice is to organize the society so as to abolish the source of
injustice in social relations, such as discrimination on the basis of caste, sex, religion, race,
region etc. whereas social justice may also require protective discrimination in favor of the
downtrodden, underprivileged and weaker sections of the society. The concept of social
justice is an evolving concept and despite various efforts, it is problematic to define the same.
Each conceptualization is concerned with the distributive character of imparting justice. Thus
the notion of social justice requires the equal distribution of economic goods and
opportunities. More recently the development of the notion of justice may be found in the
work of John Ralws and Robert Nozick. They also emphasized on the distributive character
of justice. In the opinion of Nozick, historical entitlement is a significant component of
distributive justice where the society is aware of its wrongs and has an increased interest in
compensation. John Rawls conceptualizes justice as fairness where there is desirability of
advantage for the marginalized groups in some respect. In the broader perspective, social
justice deals with the regulation of wage; profits and protection of individual rights through
the legal system of allocation of goods and resources. In other words social justice means
availability of equal social opportunities for the full development of human personality to all
the people in the society, without any discrimination on the ground of caste, sex or race etc.
Therefore, the notion of social justice is associated with social equality and individual rights.
Social justice can be made available only in a social system where the exploitation of one
human being by another human being is absent, and where privileges of the few are not built
upon the miseries of the many.

Despite various attempt to define the term ‘social justice’, it is a very vague concept and
cannot be captured empirically. Krishna Iyer 3 in his work 'Justice and Beyond' rightly
proclaims "social justice is not an exact static or absolute concept, measurable with precision
or getting into fixed world. It is flexible, dynamic and relative." In fact, the emergence of just
man, just action and just state of affairs in society seems to be a manifestation of social
justice. In the view of former Chief Justice of India Justice Gajendragadkar, the concept of

3
Krishna Iyer, Justice and Beyond, Deep and Deep Publication, New Delhi (1982) p. 63 .
14
social justice has dual objectives of 'removing all inequality' and affording equal
opportunities for 'economic activities of all the citizens.4 The core element of social justice is
equal social worth which required that citizens be guaranteed certain social rights as well as
the civil and political rights. The idea of social justice demands freedom, equality and other
human rights to secure the greatest happiness and common good of human beings. In D. S.
Nakara v. Union of India5, 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 socialism is to provide a proper standard of life to the people, especially in terms of
security from cradle to grave. Amongst there, it envisaged economic equality and equitable
distribution of income.

4
Gajendragadkar, 'Law Equality and Social Justice', (Bombay: Asian Publication, 1969) p. 47.
5
(1983)1 SCC305
15
 CHAPTER-4
PREAMBLE OF CONSTITUTION: PLACE OF SOCIAL JUSTICE IN FACE PAGE
POLICY OF CONSTITUTION

The Preamble to an Act sets out the main objectives which the legislation is intended to
achieve. It is a sort of introduction to the statute and many a times very helpful to understand
the policy and legislative intent. It expresses what we had thought or dreamt for so long. The
Constitution makers gave to the Preamble the place of pride. It embodies in a solemn from all
the ideals and aspirations for which the country had struggled during the British Regime.

4.1 Preamble
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India in to a
SOVEREIGN, SOCIALIST, SECULAR DEMOCRATIC REPUBLIC and to secure to
all its citizens:
 JUSTICE, social, economic and political
 LIBERTY OF thought expression, belief, faith and worship,
 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, ENDACT AND GIVE TO OURSELVES THIS CONSTITUTION.6

Thus the preamble of constitution provides socialist democratic setup with social economic
and political justice. It means that the preamble of constitution speaks to political, Social and
economic justice and equality of status and opportunity. It means that the aim of constitution
is to provide social justice, because preamble is the soul of constitution and speaks about the
object and intention of framers of constitution. So social justice in Context of constitution
gets up from the main page policy of the union of India, that is preamble. Now this is an
established fact that preamble is the essential and important part of the constitution and in
such situation social justice acquires its energy from this first page union policy.

When we consider number to number every article of constitution then we come to know that
the whole constitution is moving around the social, economic and political justice. Every

6
Preamble of the constitution of India.
16
article of constitution sings the song of political, social & economic justice which all are
interconnected. Art. 14 is the very first source of social justice in which the extremely of
equality exists. All provisions of constitution related to social justice start from Art. 14 and
get their shape by it. Whenever we do try to interpret Art. 14 then we always fall in a deep
sea of reasonability and fairness. 7

Right to equality is the heading given in the constitution to a group of Articles, Arts. 14 to
18. Among these Art. 14 is the equality clause because of its wide ambit and applicability. It
applies to all persons while, Art, 15 and others cover only citizens. 8 Thus equality is a
cherished ideal of humanity the famous author A.V. Dicey (A.V. Dicey,-Law of the
constitution, 10th Ed. PP-202-203) an authority on the British Constitution, has propounded
his principles of rule of Law, Equality before the law is part that enduring.

The social problem presented by the existence of a very large number of citizens who were
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). Article 16 (4) allows the state to make provisions 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 the
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 idea of socio-economic
justice in this country which has been prescribed by the Constitution of India.9

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 is considered as a whole furnishes a very
satisfactory and rational basis for adjusting the claims of individual rights of freedom and the

7
Art. 14 of The Constitution of India.
8
Art. 15 of The Constitution of India.
9
Art. 16 of The Constitution of India.
17
claims of public good. 10 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. 11

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. 12 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. 13

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 underserved
want.14 Article 42 stresses the importance of securing just and human conditions of work &
for maternity relief. 15 Article 43 holds before the working population the idea 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. 16

10
Art. 19 of The Constitution of India.
11
Art. 23 and 24 of The Constitution of India.
12
Art. 38 of The Constitution of India.
13
Art. 39 of The Constitution of India.
14
Art. 41 of The Constitution of India.
15
Art. 42 of The Constitution of India.
16
Art. 46 of The Constitution of India.

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 CHAPTER-5
SOCIAL JUSTICE UNDER INDIAN CONSTITUTION

Indian Constitution, the cornerstone of the nation was intended to promote social
transformation in view of Granville Austin.104 India was acquainted with positive
discrimination even prior to independent in 1947. During British regime, the government had
introduced reservations in favour of the lower caste as well as tribals. These policies created
new administrative categories which tended to refashion the old notions of untouchables. The
word backward classes was first used in the 1870 by the Madras administration in the
framework of an affirmative action policy in favour of under-educated groups. When the list
of backwards enlarged and expanded, growing from 39 to 131 communities in 1920s, the
untouchables claimed the right of being treated as a distinct class. Hence the sharing out of
the ‘backward’ between ‘depressed classes’ (untouchables and tribals) and ‘caste other than
depressed classes’ that was decided in 1925.

For depressed classes seats in local and national assemblies were reserved from 1919
onwards. However, after Government of India Act, 1935, the untouchables were designated
as Scheduled Castes and the denomination spread in the providence of British India. After
independence, this group was officially recognized by constituent assembly, whereas the rest
of the former depressed classes group was reclassified in to a new category, the other
backward classes. Both such groups were supposed to benefit from programme of positive
discrimination under the scheme of Indian Constitution. 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.
Social Justice is the foundation stone of Indian Constitution. Indian Constitution makers were
well identified to use the various principles of justice. They wanted to search such form of
justice which could fulfill the expectations of whole revolution. Pt. Jawaharlal Nehru
suggested 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."17 The
idea of social justice found its resilience in nationalist thinking before it could be formally

17
Minarva Mills vs. Union Of India (1980) 3 SCC 625

19
incorporated into the Constitution. Rajeev Bhargava has argued that social justice formed one
of the central organizing and mobilizing principles of the nationalist movement.

The words, “Socialist” and “Secular” have been inserted in the preamble which reflects the
idea social welfare state.18 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 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 and equal participation in the governance of the
society. The Constitution has more than two dozen articles providing for compensatory
treatment for disadvantaged citizens or for protecting them against discrimination. All these
provisions and its subsequent amendments are intended to ensure the economic, social and
political justice to disadvantaged citizens.

The term ‘equality’ means the absence of special privileges to any section of society, and
provision of adequate opportunities for all individuals without any discrimination. The
Preamble safeguards the equality of status and opportunity to all citizens of India. This
provision embraces three dimensions of equality- civic, political and economic. The
constitutional provisions that can help the lower castes to attain material benefits also involve
a promise of the establishment of an egalitarian society. The constitution provides effective
provisions to ensure social justice to the magnetized sections of the society. Article 15, 15(4),
16 (4) and 29 (2) as part of fundamental rights offer two folds advantages to SCs/STs and
OBCs. Such provisions not only bans discrimination in government employment but permits
the state to make any provision for the reservation in such employment. The Constitution
provides reservation in many areas as education, employment, land allotment and housing
etc. Article 330 and 332 of Indian Constitution provides reservation in political matters to

18
By the 42nd Constitutional (Amendment) Act, 1976.

20
margined sections of the society such as SC/ST in both houses of parliament. Such
provisions reflect the idea of the distributive form of justice.

These rights are protected in case of violation under Article 32 of the Constitution which in
the view of Dr. Ambadker is the soul of the constitution. There are two provisions in the
Constitution that seek to achieve political equality. According to Article 325 no person is to
be declared ineligible for inclusion in electoral rolls on grounds of religion, race, caste or sex.
Articles 36 to 51 incorporate certain directive principles of State policy which the State must
keep in view while governing the nation, but by Article 37 these principle have been
expressly made non-justiciable in a court of law. Although these principles are not judicially
enforceable, yet they are not without purpose. These are intended for the guidance of the
State. While these principles shall not be cognizable by any court in India but 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. According to Dr. B.R. Ambedkar, the Directive
Principles of State Policy is a ‘novel feature’ of the Indian Constitution. They are enumerated
in Part IV of the Constitution. They can be classified into three broad categories- socialistic,
Gandhian and liberal- intellectual. The directive principles are meant for promoting the ideal
of social and economic democracy. They seek to establish a ‘welfare state’ in India.
However, unlike the Fundamental Right, the directives are non-justiciable in nature, that is,
they are not enforceable by the courts for their violation. Yet, the constitution itself declares
that ‘these principles are fundamental in the governance of the country and it shall be the
duty of the state to apply these principles in making laws’. Hence, they impose a moral
obligation on the state authorities for their application. But, the real force (sanction) behind
them is political, that is, public opinion. In Minerva Mills case19, the Supreme Court held that
‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental
Rights and the Directive Principles’.

Under Indian Constitution the use of social justice is accepted in wider sense which includes
both social and economic justice both. According to 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".The Constitution of India enshrined the
concept of social justice according to Indian conditions. It includes both distributive and
corrective justice in order to establish an egalitarian society. So that in one way it has been

19
(1980) 3 SCC 625
21
told about the value of Equality which is known as the declaration of equal behavior of
equals to Aristotle, 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" that is distributive
justice. In the other way it has been told the protective discrimination by special provision for
other underprivileged sections of the society such as SC, ST & socially and educationally
back ward classes, which is the attribute of corrective and compensatory justice.

To accept right to equality as an essential element of Justice, India Constitution prohibits

unequal behavior on the grounds of religion, race, caste, sex. But constitution accepts that
strict compliance of formal equality will lead to inequality. Differential treatment is a
corollary to equality of treatment. Without extending such differential treatment which is
preferential in relation to the non-disadvantaged there is no level playing field. The
Constitution itself in several parts, particularly in the chapters of Fundamental Rights and
Directive Principles of State Principle, spells out different kinds of disadvantaged citizens.
Disadvantages could be based on untouchability, caste, community, gender, age, lack of
productive resources, physical disabilities, condition of study and work, lack of skill or even
regional disparity. Depending upon different kinds of disability, the Constitution suggests the
kind of differentiated treatment.

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 been adequately represented 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.

In State of Uttar Pradesh Vs. Pradeep Tandon20 , the Supreme Court accepted reasonable
classification justiciable on the basis of unequal behavior between unequal people. In a very

20
AIR 1975 SC 563
22
important case of Indra Shahani vs. Union of India 21 the Supreme Court declared 27%
reservation legal for socially and economically backward classes of the society under central
services. The judgment contains learned discourse on the philosophy as well as methodology
of protective discrimination of backward classes. The court has carefully balanced the
competing interests of efficiency of administration and social justice.

Basically protective discrimination is used to fulfill those lacks which arise due to a long
time deprivation. It is a part of corrective and compensatory justice. It has been told that
people of backward class of society have been bearing injustice for generation to generation.
Provisions of protective discrimination under the Constitution included for the benefit of
these deprived people. Through equal opportunity on the basis of quality the Supreme Court
has tried to make a reasonable balance between distribution of benefits and distributive
justice. In M.R. Balaji vs State of Mysure22, the Supreme Court has held that for the object of
compensatory justice, limit of reservation should not be more than 50%. In India Shahni vs.
Union of India23 full bench of nine judges approved this balance between distributive justice
through quality and compensatory justice.

There are other provisions in the Constitution which ensure the concept of social justice i.e.
Article 39(f) expected that the state shall direct its policy towards securing that children are
given opportunities and facilities to develop in a healthy manner and youth are protected
against exploitation and against moral and material abandonment.128 Under Article 41, it is
expected that the State shall make effective provision for securing the right to work, to
education and to public assistance in case of unemployment, old age, sickness and
disablement. Further, Article 42 states that the state shall make provision for securing just
and humane conditions of work and for maternity relief. In Article 43 it is expected that the
State shall endeavor to secure, by suitable legislation or economic organization or in any
other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions
of work ensuring a decent standard of life. In PUDR vs. Union of India,24 the Supreme Court
has held that minimum wages must be given and not to pay minimum wages is the violation
of human dignity and it is also known as exploitation.

21
AIR 1993 SC 497
22
AIR 1963 SC 649
23
1992 Supp. (3) SCC 217.
24
AIR 1982 SC 1473
23
In India, courts have performed a great role to make the Social justice successful. It has given
a principal and dynamic shape to the concept of social justice. Social justice has been guiding
force of the judicial pronouncements. In Sadhuram v. Pulin, 25 the Supreme Court ruled that
as between two parties, if a deal is made with one party without serious detriment to the other
Court would lean in favour of weaker section of the society. 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 pedantic concept. It is founded on the
basic ideal of socio-economic equality and its aim is to assist the removal of socio- economic
disparities and inequalities. In J.K. Cotton Spinning and Waving Co. Ltd. V. Labour
Appellate Tribunal, 26 the Supreme Court of India pointed out that in industrial matters
doctrinaire and abstract notions of social justice are avoided and realistic and pragmatic
notions are applied so as to find a solution between the employer and the employees which is
just and fair.

25
AIR 1984 SC 1471
26
AIR 1964 SC 737

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 CHAPTER 6
CONCLUSION AND RECOMMENDATIONS

Though there is a remarkable progress in the economy, science and technology, infrastructure
development but the gap between the rich and poor is widening day by day. The socially
excluded sections of the poor are systematically left behind from their countries’ progress.
Their excluded status is the product of multiple and intersecting inequalities. Though various
initiatives have been taken by the government to achieve the target even though some of the
targets are far from to achieve and still comprehensive programmes and policies are required
to achieve these targets. The constitution should be interpreted in such a manner to make it a
living document in order to fulfill the aspirations of the people. The judiciary has played a
great role in updating the constitution through its positive interpretation. It is the collective
effort of all the organs of government which lead the social justice to all the citizens. The
need of hour is to ensure the proper and balanced implementation of policies so as to make
social justice an effective vehicle of social progress.

We ourselves are the ultimate solution of the social justice. We have to aware while
dialoguing with poor and backwards. We have to shift from general equality to specific
equality of opportunities. We must kept this fact in our mind that if a large number of people
show disregard or disgrace to smaller sections or backward sections of community then the
social justice loses its identity. The proper reorganization from the majority of people plays a
vital role in the identity of weaker section and in the social justice ultimately.

25
 BIBLIOGRAPHY

Books Referred & Journal Referred:

 S. R. MYNENI, POLITICAL SCIENCE, ALLAHABAD LAW PUBLICATION,

FARIDABAD (2008)
 AMBIKESH K. TRIPATHI, CONCEPT OF SOCIAL JUSTICE IN POLITICAL
THOUGHT WITH SPECIAL FOCUS ON GANDHI AND AMBEDKAR, VOL. 3
NO. 7, SHODH DRISHTI, (2012)
 KRISHNA IYER, JUSTICE AND BEYOND, DEEP AND DEEP PUBLICATION,
NEW DELHI (1982) P. 63.
 GAJENDRAGADKAR, 'LAW EQUALITY AND SOCIAL JUSTICE', (BOMBAY:
ASIAN PUBLICATION, 1969)
 DR. J.N. PANDEY, “CONSTITUTIONAL LAW OF INDIA”, CENTRAL LAW
AGENCY, 54TH ED., 2017
 PM BAKSHI, “THE CONSTITUTION OF INDIA”, UNIVERSAL LAW
PUBLISHING HOUSE, 14TH ED.,2017

Websites Referred:

 Siddhant Nagar, “What is Social justice” (April 27, 2014). Available at-
https://www.legalserviceindia.com/legal/article-4607-social-justice-what-is-
social-
justice.html#:~:text=Social%20justice%20denotes%20that%20all,OBCs)%20and
%20women%20are%20strengthened., last accessed on 04 January, 2023.
 Rajat Prakash, “Concept of Social Justice”. Available at-
https://www.readcube.com/articles/10.2139%2Fssrn.2589869, last accessed on 05
January, 2023.
 Subhash Shukla, “SOCIAL JUSTICE IN INDIA: CONSTITUTIONAL VISION
AND THEREAFTER”. Available at- https://www.jstor.org/stable/24701121, last
accessed on 05 January, 2023.

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