Social Justice in Indian Legal Syatem PDF

Gautam Buddha University
School of Law, Justice &

Governance
Social Justice Project

Topic – Legal Framework of Social Justice
in India
Submitted to- Submitted by-

Mr. Akshaya Sir Srishti Rajpoot
18/ILB/085
Introduction-
The term social justice was first used in 1840 by a Sicilian priest,
Luigi Taparelli d'Azeglio, and given prominence by Antonio
Rosmini Serbati in La Constitution Civile Secondo la Giustizia
Sociale in 1848. It has also enjoyed a significant audience among
theorists since John Rawls book. A Theory of Justice has used it as
a pseudonym of distributive justice.
Dr. Ambedkar and social justice-
Bharat Ratna Babasaheb Dr. B.R. Ambedkar, the Chief Architect
of Constitution of India, is the man of millennium for social
justice, in the sense that he became the deliverer of or the Messiah
of the Dalits, the erstwhile untouchables, Other Backward Classes
(OBCs), and women, constituting 95% of Hindu population. That
big segment of population had been forced to live at a sub-human
level from time immemorial, under caste system, sanctioned by
Hindu scriptures. He was the man of millennium for social justice,
since he was the first man in history to successfully lead a tirade of
securing social justice to the vast sections of Indian humanity, with
the help of a law, which practically repealed the concerned
portions of Hindu scriptures.
Social justice in India–
Social justice denotes the equal treatment of all citizens without
any social distinction based on caste, color, 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 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. 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.
Social justice in Indian Constitution-
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 considered as a whole
furnishes a very satisfactory and rational basis for adjusting the
claims of individual rights of freedom and the claims of public
good.
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.
Article 31 makes a specific provision in regard to the fundamental
right to property and deals with the vexed problem of compulsory
acquisition of property.
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.
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.
Article 41 recognizes every citizen’s right to work, to education
and to public assistance in cases of unemployment, old age,
sickness & disablement and in other cases of undeserved want.
Article 42 stresses the importance of securing just and humane
conditions of work and for maternity relief.
Article 43 holds before the working population the ideal 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.
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) in as much as Article
16(4) allows the state to make provision 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 that 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.
These are the constitutional provisions relating to social justice in
India.
Case laws relating to social justice-
Oriental Insurance Co. Ltd. v/s Hansrajbai V. Kodala (2001)
the Apex Court held that "The object is to expeditiously extend
social justice to the needy victims of accidents curtailing delay - If
still the question of determining compensation of fault liability is
kept alive, it would result in additional litigation and complications
in case claimants fail to establish liability of defendants - Wherever
the Legislature wanted to provide additional compensation, it has
done so specifically."
The Supreme Court has firmly ruled in Balbir Kaur v/s Steel
Authority of India (2000) that "the concept of social justice is the
yardstick to the justice administration system or the legal justice
and it would be an obligation for the law Courts to apply the law
depending upon the situation in a manner whichever is beneficial
for the society" as the respondent Steel Authority of India was
directed to provide compassionate employment to the appellant.
In Superintending Engineer, Public Health, U.T. Chandigarh
v/s Kuldeep Singh (1997) the Supreme Court held that "It is the
duty of the authorities to take special care of reservations in
appointments as a part of their constitutional duties to accord
economic and social justice to the reserved categories of
communities. If ST candidate is not available, the vacancy has to
be given to SC candidate and the reserved roster point has to be
filled in accordingly".
In Ashok Kumar Gupta v/s State of U.P. (1997) it was held by
the Apex court that "To give proper representation to SC/ST Dalits
in services is a social justice which is a fundamental right to the
disadvantaged. It cannot be said that reservation in promotions is
bad in law or unconstitutional."
In Consumer Education and Research Centre v/s Union of
India (1995) it was held that "Social justice is a device to ensure
life to be meaningful and livable with human dignity. State has to
provide facilities to reach minimum standard of health, economic
security and civilized living to the workmen. Social justice is a
means to ensure life to be meaningful and livable."
Conclusion –
Social justice is a much wide term than one can think, as justice
has different meaning for all similarly social justice to. In a country
like India where there are so much social inequality prevailing in
the system from past, securing social justice to all is a tough
question. However to much extent our judiciary won this battle
against social injustice but still some loop holes remains there. It
can’t be done until all for us fought against social injustice in our
own way.

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Gautam Buddha University

School of Law, Justice &

Social Justice Project

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