Concept of Social Justice: A Critical Analysis of Indian Perspective

Deepak Srivastava1
Amrendra Kumar Ajit2

Justice is the constant and perpetual will to render to everyone that to

which he is entitled.
— ULPIAN

Social Justice is not a blind concept or an irrational dogma. It seeks to do

justice to all the citizens of the state.
— P.B. Gajendragadkar

I. Introduction:
The very existence of society depends upon the communities forming it
and the harmony amongst communities. The society existing in our country is
diverse and plural. If we look at the developmental process of society we find
that it is the family which comes first at the level of social organization after that
the community and gradually the society. When we talk about society at macro
level we have the society as told above, looking calm and organized and well
placed. But when deal with the nature of society at micro level, we find different
segment having their own interest and a vast disparities between those segments.
These segments can be named as different castes based on religion or different
religion themselves. Historically and mythologically it has been prevailing in our
society since ages.
The differences and conflicts between privileged and oppressed class is
very common phenomenon when the instrument named “State” was used to be
‘Laissez faire’, conflicts were more evident and privileged used to enjoy the
major chunk. Now there has been a radical change in concept of State, i.e.
welfare State. Now the state not only provides security from external aggression
but it also endeavour to minimize or remove the disparities or differences between
different groups.
The State as it exist today realizes the fact that the problem of disparity
and oppression of have-not’s which concern an overwhelmingly large number,
could not be successfully met unless it wisely uses its mighty weapon of law and
attempts to restore balance by the way of justice.

1 Assitant Professor of Law, Hidayatullah National law University, Raipur, C.G.

2 Assitant Professor of Law, National law University Orissa, Cuttack, Odisha.
II. Concept of Social Justice:
The concept of social justice grasp although many have a vague notion
of what it is and even this varies in content and meaning with each person,
confusion prevails in its real import.
The transition observed in the concept of social justice in the history of
mankind has been traced to identify the emergence of positive conceptions and
newer dimensions of social justice from a traditional and outdated laissez faire
approach of the society. The slow subtle and yet perceptible changes seen in the
content and extent of the concepts like liberty, equality justice have substantially
affected the concepts of social justice. These noble ideas have been continuously
experiencing a dynamic. The meaning and value of these basis idea held a few
centuries ago are potently different from the present day notion.
Admittedly during the last few hundred years “religion” played an
important role to shape the just and unjust social, political and economical values
of the day. It was Karl Marx who gave a new twist to the economic relations
between labour and capital and has rightly been termed as the emancharator of
human society from economic exploitation. He was responsible for the synthesis
of the concept of economic justice as a vital part of social Justice.
When during the Second World War Britain was engaged in the battle
of survival, its intellectuals and thinkers were making desperate efforts to seek
solution to the ideological conflict which had been sparked of the war. Lord
Beveridge was asked to head a committee to seek answer for the various
socio-economic problems. In an effort to find the much needed answers the
“Beveridge Report” evolved the concept of a welfare state which has a
tremendous historical significance3.
In its crusade to seek the ideas of welfare democracies biggest ally is
law and thus the role of law is integrated with the object of democracies in its
obligation vis-à-vis the citizens of the state4. The concept and spirit of social
justice have infused newer dimensions in the man’s quest for a richer and more
meaningful existence on this planet. The concept of social justice is revolutionary
and dynamic one which gives sustenance to the rule of law. It also endeavors to
bring in through the help of law, a social structure by removing causes of social
and economic tension. At the same time it ensures the freedom for the individual
personality to grow and develop.
The concept of social justice is primarily based on the idea that all men
are equal in society. Acceptance of the idea of welfare puts the claims of social
justice on a higher plane and thus has to be achieved by regulation of individual
liberty and rights. Social justice as the name itself indicates must and should seek
justice in all its social aspect.

3 Lord Beveridge – “Beveridge Report”.

4 Gajendragadkar, P.B. – Law, Liberty and Social Justice.
 The concept of social justice is thus a revolutionary concept which gives
meaning and significance to the democratic way of life and makes the rule of
law dynamic. It is a concept of social justice which creates in the minds of the
masses of this country a sense of participation in the glory of India’s political
freedom. Social justice to all the citizens of the state Indian political thinkers has
coined the doctrine of “Samanvaya” (harmonious synthesis) to balance between
the rival claims of social justice and of individual liberty and freedom. Social
justice must be achieved by adopting necessary and reasonable measures with
courage, wisdom, foresight, sense of balance, and fair play to all the interests
concerned. In short it is what the concept of social justice is.

III. Social Justice and Constitution of India:

Social justice is the ideological signature of our Constitution and we are
directly concerned with social justice spelt out by our Constitution. So whatever
may be its wider or narrower connotations we have to understand the concept
as envisioned by our Constitution.
According to Granville Austin Indian Constitution is the first and
foremost a social document. The majority of its provisions are either directly
aimed at furthering the goals of social justice or attempt to foster this revolution
by establishing the conditions necessary for its achievement The core of the
commitment to the social justice and social revolution lies in parts III and IV, in
the Fundamental Rights and in the Directive Principles of State Policy. These
are the conscience of the Constitution5.
The foundation of the Constitutional arch and the philosophy, enshrined
in the Constitution has been well summarized in the preamble6. The preamble to
the Constitution is not merely a decorative preface but is a meaningful indicator
reflecting the ideas of the people who have cherished a dream to be realized and
interpreted in their daily lives through the Constitution. The language of the
Preamble, the spirit and aspirations of the people is a clear indicator of the approach
of the various other goals enshrined in the Constitution.
According to Gajendragadkar J.7
“It would, I think be fairly accurate to say that the basic philosophy of

5 Austin, G., The Indian Constitution – Cornerstone of a Nation.

6 WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all
this 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, ENACT AND GIVE TO OURSELVES
CONSTITUTION.
7 Gajendragadkar P.B., The Constitution of India – Philosphy and basic postulates.
 the Constitution is to be found in the preamble itself. India is one country
and there is single citizenship. India is committed to the idea of welfare
state and it has to establish socio-economic justice. India is committed
to democracy and respect individual liberty; and India wants to give all
its citizens equality of status and opportunity, thereby attempting to create
a mighty brotherhood of Indian citizens, which would assist the Sovereign,
Democratic, Republic reaching its proclaimed objectives. That, in
substance is the message of preamble.
The word justice social, economic and political used in the preamble
broadly reflects the aspirations of the people of India and at the same time it can
be viewed as the controlling parameters of the Constitution as well. The primary
objective of ensuring justice, social, economic and political as envisaged in the
preamble has to be appreciated in a wider perspective. The word ‘justice’ used
in the preamble to the Constitution has to be understood in a deeper and wider
connotation. The word justice employed by the framers of the Constitution in the
preamble refers to the whole philosophy by which our Constitution is guided.
The Constitution guarantees certain fundamental rights to individual which
are not all negative in character but envisage positive state action. Among these
rights, right to equality in its various facets, including the authorization of the
state to take affirmative action for the benefit of backward classes, the scheduled
castes and the scheduled tribes8. Abolition of untouchability9, prohibition of traffic
in human beings10, and prohibition of employment of children in factories11 are
clearly further the concept of social justice.
The concept has been expressed with great vigour and clarity in the
directive principle of state policy contained in part IV. The directives in no uncertain
terms require the state, inter alia, to promote the welfare of the people by securing
and protecting a social order in which justice, social, economic and political,
should inform all the institutions of national life12, to reduce economic disparities;
to make available material resources so as to subserve the common good; to
operate the economic system in such a way that it does not result in the
concentration of wealth and means of production to the common detriment; to
protect health and strength of the workers and children of tender age against
abuse,13to provide for legal assistance and aid14, to provide right to work, to
education and to public assistance in case of unemployment, old age, sickness
and disablement and in other cases of undeserved want15; to secure just and
8 See Articles 14 to 16, particularly Articles 15(4) and 16(4)
9 Art. 17
10 Art. 23
11 Art. 24
12 Art. 38
13 Art. 39
14 Art. 39 A
15 Art. 41
humane condition of work and provision for maternity relief16; to provide for
living wage and condition for work ensuring decent standard of life and full
enjoyment of leisure and social and cultural opportunities17; to promote with special
care the educational and economic interests of the weaker section of the people
and their protection from social injustices and all forms of exploitations18; and to
raise the level of nutrition and the standards of living and public health19. These
principles can be enforced notwithstanding the general right to equality in article
14 and right to the six freedoms in article 1920.
The Constitution also ensures due representation of the weaker sections
(scheduled castes and scheduled tribes) in Parliament and state legislatures
through reservation of seats21. It also directs for their induction into state
services22 and provides special administrative safeguards to them23. A backward
class commission to make recommendations for improving the conditions of the
backward classes and a commission to report on the administration of scheduled
areas has also been conceived24. Special provisions have also been made for
such minorities as Anglo- Indians25.
All these provisions make it amply clear that our Constitution does not
leave the individual at the mercy of matsya nyaya representative of a competitive
model of society26. It assigns a prominent role and to imposes heavy responsibility
upon the State to assure a dignified life to each individual irrespective of what he
deserves on meritarian considerations. It envisages equal respect and concern
for each individual in the society and if the attainment of that goal requires special
attention to be paid to some, that ought to be done. The provisions requiring
special attention are not an exception to the general scheme of the Constitution
but are an integral part of it and may be called a basic structure in Kesavananda
Bharti v. State of Kerala27. They in fact represent the central ideology that worked
in the mind of the Constitution makers for eradicating our age old social injustices
through an enlightened constitutional order.

16 Art. 42
17 Art. 43
18 Art. 46
19 Art. 47
20 Art. 31 C
21 Art. 330 and 332
22 Art. 335
23 Art. 164 and 338
24 Art. 339 and 340
25 Art. 331, 333, 336 and 337
26 Jurisprudential foundations of affirmative action: some aspects of equality and
social justice by M. P. Singh Delhi Law Review 1983-1984 p-56
27 AIR 1973 SC 1461
IV. Social Justice and Supreme Court of India:
The Supreme Court of India is conscious that the Constitution makers
“adopted the democratic ideal which assures to the citizens the dignity of the
individual and other cherished human values as means to the full evolution and
expression of his personality28” and the Constitution “is intended to be a social
document in which the relationship of society to the individual and of the
Government to both and the rights of the backward classes, scheduled castes
and scheduled tribes are clearly laid down. This social document is headed by a
Preamble which epitomizes the principles on which the Government is intended
to function” 29.
The Supreme Court in Muir Mills Ltd. v. Sutt Mill Mazdoor Union30
realized the difficulty of defining the phrase ‘Social justice’ and refused to lay
down any rigid-definition when is said that “Social Justice is a very vague and
indeterminate expression and no clear cut definition can be laid down which will
cover all situations”, but it added that “concept of social justice does not emanate
from the fanciful notions of any adjudicator31 nor the phrase means that, “reason
and fairness must always yield to the convenience of a party-convenience of the
employee at the cost of the employer… in an adjudication proceedings32”. The
Supreme Court, however, regarded the concept of social justice “as living concept
of revolutionary import, it gives sustenance to the rule of law and meaning and
significance to the ideal of a welfare state33”.
Thus, “the judiciary was to be an arm of the social revolution upholding
the equality, that Indians had longed for during colonial days, but not had gained
not simply because the regime was colonial and perforce repressive, but largely
because the British had feared that social change would endanger their rule34”,
but with the dawn of independence the judiciary has to discharge the function
assigned to it in the Constitution. In particular, the Supreme Court, has to guard
and guide in administration of justice and come up to the expectations of the
people.
The delicate task of administering social justice by balancing individual’s
rights and the needs of society in imposing social control, falls on the shoulders of
judiciary in general, and the Supreme Court in particular.
Referring to the aspect of social justice Subba Rao, C. J.35 as he then
was, had observed.

28 Per Patanjali Shastri, J. in A.K. Gopalan v. State of Madras, AIR 1950 SC 27.
29 Per Hidayatullah, J. in Golak Nath v. State of Punjab, AIR 1967 SC 1643.
30 Per Bhagwati, J. 1955. S.C.A. 321.
31 Ibid.
32 Per Das, S.K. J. in Panjab National Bank V. Sri Ram Kanwar, 1951 S.C.A. 598.
33 Per Gajendragadkar, J. in State of Mysore, AIR 1958 SC 926.
34 Austin, Granville, Supra at Note 6.
35 Golak Nath v. State of Punjab, AIR 1967 SC 1643.
 “The rule of law under the Constitution has a glorious content. It embodies
the modern concept of law evolved over the centuries….It enjoins to
bring about a social order in which justice, social, economic and political
shall inform all the institutions of national life. It directs it to work for an
egalitarian society where there is plenty, where there is equal opportunity
for all, to education, to work, to livelihood, and where there is social
justice … It, therefore, preserves the natural rights against the State
encroachment, and constitution the higher judiciary of the State as the
sentinel of said rights and the balancing wheel of the right subject to
social control. In short, the Fundamental Rights, subject to social control,
have been incorporated in the rule of law…. By this process of scrutiny,
the Court maintains the validity of only such laws as keep a just balance
between freedom and social control… The standard is an elastic one; it
varies with time, space and condition…. (it)… serves the needs of the
people without unduly infringing their rights. It recognizes the social
reality36”.
The Supreme Court has firmly ruled in Balbir Kaur v. Steel Authority
of India 37 that “the concept of social justice is a yardstick to the justice
administration system or the legal justice and it would be an obligation for the
courts to apply the law depending upon the situation in a manner whichever is
beneficial for the society”. In another case 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 workman. Social justice is a means to ensure life to be
meaningful and livable38”. Supreme Court of India has delivered many judgments39
to strengthen the concept of Social Justice. So we can say that the Supreme
Court has always stepped in to protect the interest of the Indian citizens through
the objective enshrined in Constitution.

36 Ibid pp. 1655 and 1656

37 AIR 2000 SC 226
38 Consumer Education & Research Centre v. Union of India, AIR 1995 SC 922
39 M.H. Hoscot v. State of Maharastra, AIR 1978 SC 1548, P. U.D.R. v. Union of India,
1982 SC 1473, Bandhua Mukti Morcha v. Union of India. AIR 1982 SC 849, State of
Kerala V. N.M. Thomas AIR 1976 SC 490, Indira Sawhney v. Union of India, AIR 1993
SC 497 Neerja Chaudhary v. State of M.P. 1983(3) SCC 243.