UNIVERSITY

INSTITUTION OF
LEGAL STUDIES

CONCEPT OF SOCIAL JUSTICE

UNDER INDIAN
CONSTITUTION

Author:Lintle Petunia Mokhutsoane

UID: 20BAL540

BATCH: BA LLB

SUBMISSION: 10/04/2024
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INTRODUCTION

The Indian Constitution is a ground breaking document that enshrines the principles
of social justice, equality, and the protection of marginalized communities. From the
Fundamental rights to the Directive Principles of State Policy, the Constitution lays
the foundation for a mere equitable and just society.

This essay explores the various facets of social justice within the Indian Constitutional
framework, addressing key issues such as affirmative action, minority rights,
environmental justice, and access to justice.

At the heart of the Indian Constitution’s commitment to social justice lies the
Fundamental Rights, which guarantee equality protection under the law. Article 15 of
the Constitution prohibits discrimination on the grounds of religion, race, caste, sex,
or place of birth, ensuring that all citizens are treated equally regardless of their
background. This principle of equality is further reinforced through the
implementation of affirmative action policies, such as reservation systems, which aim
to uplift and empower historically disadvantaged communities.

The Constitution also recognizes the inherent dignity of all individuals and prohibits
practices that undermine this dignity, such as “untouchability”1 and forced labour.
Through the provisions, the Constitution lays the ground work for a society that
values the equal worth and rights of all its citizens.

The Directive Principles of State Policy, enshrined in Part IV of the Indian

Constitution, outlines the state’s responsibility to promote the welfare and well-being
of the people. These principles direct the government to work towards the realization
of a just and equitable society, with a focus on issues such as public health, education,
an the right to work.

For instance, Article 39 of the Constitution calls for the state to ensure that the health
and strength of workers, men, and women, and the tender age of children are not
abused and that citizens are not forced by economic necessity to enter avocations

1
Dr B.R Ambedkar, The Constitution of India, Article 17, page 13,Prabhat Prakashan,2003
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unsuited to their age or strength. Similarly, Article 41 mandates that the state provide
public assistance in cases of unemployment, old age, sickness, and disablement.

These Directive Principles, though not directly enforceable in a court of law, serve as
guiding framework for the government’s social welfare policies and programs,
ensuring that the benefits of development are equitable distributed across all sections
of society.

The Indian Constitution recognizes the historical disadvantages faced by certain

communities and has instituted a comprehensive system of affirmative action an
reservation policies to address these imbalances. Article 15 and 16 of the Constitution
enable the state to make special provisions for the advancement of socially and
educationally backward classes, as well as for the Scheduled Castes and Scheduled
Tribes. The Supreme Court in a case struck down a law that allowed the police to
arrest and detain certain “ criminal tribes” without due process, ruling that violated the
right to equality under Article 15.2

In the field of education, reservation policies ensure that students from marginalized
communities have access to quality education institutions, from schools to universities.
This helps to bridge the gap in educational attainment and provides opportunities for
socio-economic mobility.

The Constitution mandates the reservation of government jobs for members of the
Scheduled Castes, Scheduled Tribes, and Other Backward Classes. This positive
discrimination aims to increase their representation in the public sector and provide
them with stable employment opportunities.

The Constitution also reserves a certain number of seats in the Parliament and state
legislative assemblies for the Scheduled Castes and Scheduled Tribes, ensuring their
political representation and participation in the decision-making process.

The Indian Constitution is committed to the protection of minority rights and the

2
Budhan Choudhary v. State of Bihar, 1955
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preservation of religious freedom. Article 25 guarantees the freedom of conscience

and the right to freely profess, practice, and propagate one’s religion, subject to public
order, morality, and health.

Additionally, the Constitution recognizes the distinct cultural and educational needs of
religious and linguistic minorities. Article 29(1) provides for the protection of the
interests of minorities, ensuring that they have the right to conserve their distinct
language, script, and culture. Article 30 further guarantees the right of minorities to
establish and administer their own educational institutions.

These provisions aim to create an inclusive and pluralistic society, where the diverse
religious and cultural identities of all citizens are respected and celebrated. The
Constitution’s commitment to minority rights an religious freedom serves as a
foundation for the promotion of social harmony and the prevention of discrimination.

The Indian Constitution recognizes the intrinsic connection between environmental

protection and the realization of social justice. The Directive Principles of State
Policy emphasizes the state’s responsibility to protect and improve the environment
an safeguard the country’s natural resources for the benefit of present an future
generations.

The Indian Constitution recognizes the intrinsic connection between environmental

protection and the realization of social justice. The Directive Principles of State
Policy emphasizes the responsibility to protect and improve the environment and
safeguard the country’s natural resources for the benefit of present and future
generations.

Environmental degradation often disproportionately impacts marginalized

communities, such as those living in poverty or in remote areas. The Constitution’s
focus on environmental justice aims to ensure that the burden of environmental justice
does not fall more heavily on the most vulnerable groups of the society.

The Directive Principles encourages the state to adopt sustainable development

practices that balance economic growth with ecological preservation. This includes
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measures to prevent pollution, conserve forests and wildlife, and promote the use of
renewable energy resources.

The Constitution also recognizes the crucial role of local communities in

environmental protection. It empowers these communities to participate in decision-
making processes and advocate for their environmental rights, fostering a more
inclusive and collaborative approach to sustainable development.

The Indian Constitution recognizes the fundamental right to access to justice,

enshrined in Article 21, which guarantees the right to life and personal liberty. To
ensure that this right is available to all citizens, regardless of their socio-economic
status, the Constitution has established a comprehensive system of legal aid and
assistance. The Supreme Court ruled out that the right to livelihood is an integral part
of the right to life, and that the state cannot deprive individuals of their livelihood
without due process of law.3

The State is obliged to provide free legal services to those who cannot afford it,
enabling the poor an marginalized to seek redress for their grievance and assert their
rights through the judicial system.

The Constitution encourages the establishment of legal aid clinics and centres,which
offer advice, representation, and support to individuals who are unable to access the
formal justice system on their own.

The state is also required to disseminate information about legal rights and the
available mechanisms for accessing justice, empowering citizens to understand and
exercise their constitutional entitlements.

India’s social justice journey has seen several notable achievements and successes.
The expansion of affirmative action programs, such as reservations in education and
government employment, has helped increase the representation of marginalized
communities in positions of power and decision-making.

3
Olga Tellis v. Bombay Municipality Corporation, 1985
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The implementation of welfare-schemes, such as the Mahatma Gandhi National Rural

Employment Guarantee Act and the National Food Security Act, has also contributed
to improving the living standards and food security of the poor and disadvantaged.

Furthermore, the increasing participation of marginalized groups in the political

process and the election of leaders from these communities have helped amplify their
voices and concerns at the highest levels of governance.

While the Indian Constitution has laid a robust foundation for social justice, the
realization of these principles in practice has faced several challenges. Such issues
include persistent socio-economic inequalities, entrenched caste-based discrimination,
and the limited reach of welfare programs continue to hinder the achievement of true
essence of social justice.

To further strengthen social justice, there is a need to implement more comprehensive

and targeted interventions to address deep-rooted inequalities, particularly in areas
like healthcare, employment and education.

Strengthening the ability of marginalized communities to advocate for their rights and
actively participate in the decision-making process will be crucial in ensuring that the
benefits of development reach those who need it the most.

Promoting transparency, accountability, and the responsiveness of government

institutions will be essential in building trust and ensuring that social justice policies
are effectively implemented and their impact is felt by all citizens.

As India faces new challenges, such as climate change and technological disruption,
the Constitution’s vision of social justice must be continuously reinterpreted and
adapted to address these emerging concerns and ensure a more equitable and
sustainable future.

CONCLUSION
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The vision of social justice enshrined in the Indian Constitution remains an ongoing
and evolving pursuit, with both successes and challenges. While the framework of
fundamental rights, directive principles, and affirmative action policies has laid a
strong foundation, the realization of true social justice requires sustained effort,
commitment and adaptive responses to emerging challenges.

The role of the judiciary in interpreting and expanding the scope of civil society will
be essential in addressing deep-rooted inequalities and ensuring the equitable
distributed of rights, resources, and opportunities for all citizens.

As India continues to grapple with the complexities of social, economic, and political
transformation, the commitment to social justice must remain a guiding principle,
shaping the country’s policies, institutions, and the collective consciousness of its
people. Only through this unwavering dedication can India truly fulfil the promise of
the Constitution and emerge as a just, inclusive, and prosperous nation.