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JUSTICE

The document discusses the concept of justice, its historical significance, and its essential role in a lawful society, emphasizing its inclusion in the Indian Constitution. It outlines three types of justice: social, economic, and political, and explains their interrelation and importance for societal development. The judiciary is highlighted as a crucial protector of civil rights and enforcer of justice, which is fundamental for a functioning democracy.

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0% found this document useful (0 votes)
14 views

JUSTICE

The document discusses the concept of justice, its historical significance, and its essential role in a lawful society, emphasizing its inclusion in the Indian Constitution. It outlines three types of justice: social, economic, and political, and explains their interrelation and importance for societal development. The judiciary is highlighted as a crucial protector of civil rights and enforcer of justice, which is fundamental for a functioning democracy.

Uploaded by

srishteework26
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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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"Justice is a genus, social, economic and political justices are its species"

The word 'Justice' is derived from a French word 'Jostise' which means uprightness, equity,
vindication of right, administration of law.

The concept of justice is as old as civilization and society. There can't be existence of lawful society
without the presence of justice. One of the most important pillars of any nation is justice. A lawful
society can't exist without the presence of justice. It is one of the most important pillars behind the
growth of any nation.

Also justice means, 'Justice is the correct application of a law, as opposed to arbitrariness'3. By
correct application of law we mean to say "proper implementation of law". Justice can be attained in
the society only by correct interpretation and implementation of Laws.

The concept of Justice

Justice means to give each and every person what they deserve. Justice and fairness are closely
associated terms which are sometimes used in place of each other. Justice means the standard of
rightfulness, by standard of rightfulness one means to say that the minimum threshold should be
applicable of what will amount to right or wrong.

There have been historical evidences to prove that a civilized society can't exist without existence of
Justice in its administration system. The civilizations which lacked the presence of justifiable system
vanished with time.

With the advent of time and progress in the society the need for inclusion of justice in the
administrative system has increased due to which approach of those in power has become more
cautious and systematic.

Justice is one of the most important moral and political concepts with no agreed definition. The claim
for justice gains meaning in specific circumstances and cultural contexts. Justice is an evolutionary
concept. It's interesting to know the change in the meaning of word justice from ancient Greek
civilization to modern society.

Justice under Indian Constitution

The concept of justice is enshrined in the preamble of Indian Constitution. The framers of Indian
constitution were aware about the need of establishing justice in a country therefore they made sure
that it is included in Indian constitution.

Article 14, 15, 16 and 17 of the Indian constitution also reflect the idea of justice enshrined in the
preamble of the constitution. All these articles are incorporated under part III of the constitution
which gives fundamental rights to every citizen.

Provisions relating to 'Equal Justice and Free Legal Aid' are enshrined under article 39A of the Indian
constitution. Which give every citizen right to get free legal help from officers of the court. No one
can be denied access to free legal aid. Its duty of the State to secure that working of the legal system
is based on justice, it should provide equal opportunity, and also, provide free legal aid, to ensure
that any opportunity for securing justice is not denied to any citizen due to his economic or other
disabilities.
Distributive Justice

Article 38 and 39 of Indian Constitution defines distributive Justice. Distributive justice means fair
distribution of resources among those who are in need of it.

Indian Constitution defines 3 types of justice:-

1. Social Justice

2. Economic Justice

3. Political justice

Social Justice

Social justice as a concept arose during industrial revolution of 19th century. Different definitions of
social justice is provided by different institutions, for few it is fair and comprehensive distribution of
goods among people for economic growth and for few its equality of status among individuals.

Social justice means greater good for larger number of people and unequalls should be treated
equally. The apex court in the Kesavananda Bharati4 case held that social justice is part of Basic
structure of the Indian constitution.

Social justice means that equal social opportunities are available to every person for personal
development of every person without any discrimination based on race, sex or caste.

No person should be deprived of social conditions necessary for development due to these
differences. The concept of social justice is based on the practice of social equality. Social justice can
only be enforced in a society where exploitation of man by a man is not present.

In the Case of S.R Bommai v. Union of India5, the apex court held that social justice and judicial
review are two basic features of the Indian constitution.

Economic Justice

Economic justice is somehow part of social justice itself; the Indian constitution visualizes socio-
economic justice as incorporated under Directive principles of state policy.

Economic justice means providing economic opportunity, economic equality and removing economic
disabilities. It is always implemented under the umbrella of Social Justice.

Economic justice means there should be economic equality among everyone in the society. There
should not exist any inequality among individuals based on their economic status. No one should be
deprived of any opportunity due to his/her economic status.

Economic status of any person should not be responsible for the lack of opportunities provided to
him. Economic justice means eradication of poverty by adding on to national wealth and resources
and distributing this wealth equally among everyone who contributes in its production.

Political Justice

Political Justice means a system free from political arbitrariness. There should be political fairness in
the working of the government. Political status of any person should not give him any advantage and
he/she should be treated like every other citizen. Every law should be equally applicable to every
person irrespective of his political status.
Relationship between Social, Economic and Political Justice

All three types of justice are closely related to each other. One can't be obtained unless and until the
other two are present.

Social justice can be obtained only when economic and political justice is present. Indian Constitution
under part III enforces all three types of justice by making provisions relating to equality under article
14 and 15.

Also in 2019, 103rd constitutional amendment was done to ensure economic justice for everyone.
The jurisprudence behind this amendment was implementation of economic justice.

Role of Judiciary

In today's time judiciary is the protector or civil rights, it acts as custodian of fundamental rights. It
plays an important role in enforcement of all three types of justice given under Indian constitution.

Judiciary has played an important role in the establishment of justice in the country and to make the
concept of justice given in preamble a reality. The approach of judiciary has been progressive in this
regard and it has shown through its decisions that justice is an essential ingredient of a developed
and law abiding society.

In cases like Maneka Gandhi v. UOI6 (right of liberty) the court has enforced the concept of social
justice.

Conclusion

To conclude we would state that enforcement of justice serves as a catalyst for better political life of
a nation. For better democracy we need better implementation of justice. Without presence of all
forms of justice any society can't develop as a constitutional society therefore keeping it in mind
framers of our constitution included this concept in the preamble as well as in part III and IV of the
Indian Constitution.

There is strong need for coordination among all three organs of the government to establish a
system based on justifiable approach.

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