You are on page 1of 5

Justice means that each individual be treated fairly, and given the same opportunities.

Justice
refers to the fact that all Indian citizens should receive social, economic, and political justice.

What Is the Meaning of Justice?


The French term "justice," which also denotes rightness, equity, and the
enforcement of the law, is the source of the English word "justice." As old as
society and civilization itself are the idea of fairness. A just society is
impossible to survive without the presence of law. Justice is one of a
country's most crucial pillars. Justice must be present for a society to be
legitimate. It is one of the most crucial pillars supporting any country's
development.

Justice also refers to the proper implementation of the law as opposed to


arbitrariness. What we mean when we say "appropriate implementation of
the law" is "right application of the law." Only by correctly interpreting and
putting laws into practice can justice be achieved in a community.

Giving each and every person what they are due is what justice means. The
terms justice and fairness are frequently interchanged because of their close
affinities. Justice is defined as the standard of rightfulness, which is to say
that the relevant minimal level of what would constitute right or wrong
should be true.

Justice In Indian Context

 The mentioning of ‘justice’ in the preamble intends not only to create an environment
in which social, economic and political justice is assured but also to work positively
against any form of discrimination existing in the society based on caste, community
race, religion or otherwise.
 The ideal of justice – social, economic and political - was adopted from the Russian
Revolution.
 Justice has been developed as a result of different points of view.
 The Indian concept of justice was spread by ancient Indian philosophers like Manu
and Kautilya.

Justice under Indian Constitution


1
 In the preamble of the Indian Constitution, the idea of justice is firmly established.
The Indian Constitution's drafters made sure that justice was included because they
understood the importance of establishing justice in a nation.
 The idea of justice enshrined in the preamble of the Indian constitution is also
reflected in Articles 14, 15, 16, and 17.
 All of these articles are included in the third section of the constitution, which
guarantees each citizen certain fundamental rights.
 Article 39A of the Indian constitution contains provisions relating to "Equal Justice
and Free Legal Aid."
 Indian Constitution explains 3 types of justice:-
o Social Justice
o Economic Justice
o Political justice

Social Justice

 Social justice denotes equal treatment of all citizens without any distinction based on
caste, colour, race, religion, sex and so on.
 It means the absence of privileges to any section of the society and at the same time
making provisions for the improvement of backward sections (SCs, STs and OBCs)
and women.
 Due to these differences, no person should be denied the social circumstances
required for development.
 The practice of social equality serves as the foundation for the idea of social justice.
In other words, it is advocating equality along with equity.
 The Supreme Court of India declared social justice and judicial review to be two
fundamental elements of the Indian constitution in the case of S.R. Bommai v. Union
of India.

Economic Justice
Economic Justice

2
 Economic justice denotes non-discrimination between people based on economic
factors. It entails the abolition of glaring wealth, income, and property disparities.
 Everyone should be compensated equally for equal work, and everyone should have
the opportunity to earn a living.
 Individuals shouldn't be treated differently based on their economic status. No one
should be denied a chance because of their financial situation.
 Any person's lack of opportunities should not be determined by their economic
situation.
 Economic justice is the elimination of poverty through the augmentation of national
wealth and resources and the equitable distribution of this wealth among all
participants in its creation.

Poligtical Justice
Political Justice

 Political justice is that everyone has an equal, free, and fair opportunity to engage in
politics without prejudice.
 It means that everyone has equal access to political offices and equal involvement in
government processes.
 The government's operations ought to be fair from a political perspective. Any person
should be treated equally regardless of their political standing and should not receive
any benefits.
 Regardless of a person's political affiliation, every law should apply to them equally.

Relationship between Social, Economic and Political Justice

 The three types of justice are all interconnected. The other two must be present before
one can be obtained.
 Distributive justice, which refers to eliminating economic inequalities and redressing
injustice brought on by dealing or transactions between unequals in society, is implied
by the phrase "Social and Economic Justice."
 The Preamble, as I mentioned before, is the first part of the Constitution.
 The second part is about Fundamental Rights, and the third part is about Directive
Principles.

3
 The Constitution of India has solemnly promised to all of its citizens justices-social,
economic, and political; liberty of thought expression, belief, faith, and worship;
equality of status and of opportunity; and to promote among the all fraternity assuring
the dignity of the individual and the unity of the nation.
 Articles 14 and 15 of the Indian Constitution's Part III contain provisions relating to
equality that uphold all three types of justice.
 A 103rd constitutional amendment was passed in 2019 as well to guarantee
economic justice for all. This amendment's jurisprudence was based on the
application of economic justice.

Role of Judiciary

 Judiciary serves as the guardian of fundamental rights and the protector of civil rights.
 It is crucial to the execution of the three different types of justice guaranteed by
the Indian Constitution.
 The judiciary has been crucial in establishing justice in the nation and making the idea
of justice stated in the preamble a reality.
 In this regard, the judiciary's approach has been progressive, and it has demonstrated
through its decisions that justice is a necessary component of a developed and law-
abiding society.
 The court has upheld the idea of social justice in cases like Maneka Gandhi v. UOI
(right of liberty).

Significance in the Preamble


Significance Of The Term Justice In The Preamble

 Article 14 of the Indian constitution provides for the Right to Equality as the
Fundamental Right where every citizen has to be treated equally and everyone is
equal before the law.
 Article 15(4) and 16(4) enable the state to make provisions for the development of
SC/STs and achieve social justice.
 The Progressive Nature of the Indian Income Tax law and the tax rates tries to reduce
the levels of inequalities and achieve economic justice.
 Indian Constitution provides for universal adult suffrage and equal value for each vote
reiterating political justice.

4
5

You might also like