Indian Concept of Justice




Indian Concept of Justice:

There exist different kinds of inequalities in India, such as those created through the caste system, patriarchal system, etc. Dr. Babasaheb Ambedkar argued that justice would be achieved when the structure and values associated with these systems will change. Similarly, he related the concept of justice to the concept of distribution of resources. The Constitution of India ensures justice through both, procedural justice and social justice.

Dr. Babasaheb Ambedkar said in his reply to the debate on the adoption of the Indian Constitution. He said:

‘‘If we wish to maintain democracy not merely in form, but also in fact, what must we do? The first thing in my judgement we must do is to hold fast to constitutional methods of achieving our social and economic objectives’. He further said: ‘We must make our political democracy a social democracy as well. Political democracy cannot last unless there lies at the base of it, social democracy. What does social democracy mean? It means a way of life which recognises liberty, equality and fraternity as principles of life’’

Some Constitutional Provisions which promote social justice:

Article 23: Prohibition of traffic in human beings and forced labour.

Article 24: Prohibition of employment of children in factories, etc.

Article 38: State to secure a social order for the promotion of welfare of the people.

Article 39: Certain principles of policy to be followed by the State.

Article 39A: Equal justice and free legal aid.

Article 46: Promotion of Educational and Economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.

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