CONCEPT OF SOCIAL JUSTICE UNDER THE CONSTITUTION OF

INDIA: AN ASSESSMENT

Submitted by
Jyoti Sharma
UID- SF0116020
2nd Year, 4th Semester
Constitutional Law

Faculty in Charge
Mr. Himangshu Ranjan Nath

NATIONAL LAW UNIVERISTY AND JUDICIAL ACADEMY, ASSAM

GUWAHATI

1
 Table of Content
1. Introduction
1.1 Literature Review
1.2 Scope and Objectives
1.3 Research Questions
1.4 Research Methodology
2. Concept of Social Justice under Indian Constitution
3. The Constitutional perspective of Social Justice
3.1 Social Justice and preamble of the constitution of India
3.2 Social Justice and fundamental right of the citizen of India
3.3 Social Justice and directive principles of state policy
4. Role of Judiciary
5. Social Justice- A dream or reality
6. Conclusion
7. Bibliography

2
 TABLE OF CASES
Page Number
1. Minerva Mills Ltd. v. Union of India (1980) 3 SCC 625 8
2. Keshavanand Bharti v.state of Kerala, AIR 1973 SCC 225 10
3. State of Madras v. Champak am Dorairajan.,AIR 1951 SC 226 10
4. Javed v. State of Haryana, AIR 2003 SC 3057 10
5. Peoples Union for Democratic Rights v. Union of India ,AIR 1982 SC 1473 10
6. Indira Nehru Gandhi v. Raj Narayan, AIR 1975 SC 2299 10
7. E.P. Royappa State v. of Tamil Nadu, AIR 1974 SC 555. 10
8. State of west Bangal v. Anwar Ali, AIR 1952 SC 75 10
9. M.R. Balaji v. State of Mysore, AIR 1963 SC 649 11
10. State of U.P. v. Pradeep Tan don,AIR 1975 SC 563 11
11. State of M.P. v. G.D. Terthani, A.I.R. 2003 SC 2952 11
12. State of Madaras v. Champak am Darairajan, AIR 1951 SC 226 11
13. Vishaka v. State of Rajasthan, AIR 1997 SC 3011 12
14. I.R. Coelho v. State of Tamilnadu, AIR 2007 SC 84 13
15. Salal Hydro Project v. J. & K.,AIR 1994 SC 177 13
16. State of Bombay v. Bombay Education Society,AIR 1994 SC 1918 13
17. PUDR vs. Union of India, AIR 1982 SC 1473. 15
18. Sadhuram v. Pulin , AIR 1984 SC 1471 15
19. J.K. Cotton Spinning and Waving Co. Ltd. V. Labour Appellate Tribunal, 15
AIR 1964 SC 737
20. D.S. Nakara v. Union of India, AIR 1983 SC 130 16
21. Calcutta Electrical Construction Company Ltd, v. J.C. Bose, 16
AIR 1992 S.C. 573 585
22. Consumer Education and Research center v. union of India,AIR 1995 S.C 922 16
23. Air India Statutory Corporation and other v. United Labour Union 16
AIR 1997 SCC 377
24. Olga Tellis v. Bombay Municipal Corporation, AIR 1885 SC 180 17
25. Bandhua Mukti Morcha v.Union of India, AIR 1984 SC 802. 17

3
.

Chapter-1
Introduction
The notion of justice is most commonly associated with an underlying assumption that justice
equates to equal rights, access, and fair treatment in the legal system. The concept of social justice
is the necessary implication of welfare state. The scheme of social Justice is very well incorporated
in the various provisions of the Indian Constitution. The Preamble of the Constitution includes the
terms like ‘Socialist’, ‘Social and Economic Justice’, ‘Equality’ etc., which specify that the state
would extensively involve in social welfare of people, and would try to establish an egalitarian
society. Moreover the Directive Principles of State Policy has been dedicated towards the welfare
responsibilities of the government, which lays down the norms of ideal governance for people’s
welfare. Various fundamental rights and its subsequent amendments also intended to ensure social
justice to the disadvantaged citizens. So social justice seeks to do justice to all the citizen of the
state. Social Justice must be achieved by adopting necessary and reasonable measures. Thus the
term social justice is a blanket term and so as to include both social justice and economic justice.

This project is an attempt to do an in-depth study on the concept of social justice and the provisions
of Indian Constitution underlying the concept of social justice. It will also briefly examine the
constitutional perspective of social justice and the role of judiciary in achieving social justice.
Further it would go on to assess the challenges of the social justice.

4
1.1 Literature Review

1. Indian Constitutional Law, M.P Jain, LexisNexis, 2018

This book includes the latest constitutional amendments and Supreme Court decisions on issues
such as equality and affirmative action, education, women’rights, principles of constitutional and
judicial review. This book also examines the conceptual framework on social justice under Indian
Constitution.

2. The Constitutional Law of India, Dr. Kailash Rai, Central law publications,
2015

This book is a thematic presentation of the complex and multi-dimensional subject of

Constitutional law in a lucid, comprehensive and systematic manner. This book also deals with the
conceptual framework on Social justice. It also examines the constitutional perspective of social
justice under preamble of the Indian constitution, directive principles and fundamental rights of
the constitutional law of India.

3. Social Justice and Indian Constitution, Dr. Saroj Bohra “International

Journal of law and legal jurisprudence studies: ISSN:2348-8212 Volume 2
Issue 1
This article examines the role of judiciary as dispenser of social justice. This article presents
various judicial decisions and role of the judiciary in promoting social justice. It also deals with
the various challenges faced by the government who are working tirelessly to achieve the goal of
making social justice a reality rather than a mere dream.

5
1.2 Scope and objectives

The main scope and objective are:

1. To have an indepth analysis on the conceptual framework on social justice under the
constitution of India.
2. To study the constitutional perspective on Social Justice.
3. To examine the role of judiciary in dispensing social justice.
4. To specify the major challenges in the implementation of social justice.

1.3 Research Questions

1. What is Social Justice?
2. What are the Constitutional perspective on social justice?
3. What is the role of judiciary in dispensing social justice?
4. What are the various challenges faced by the judiciary in the implementation of social justice?
1.4 Research Methodology

1. APPROACH TO RESEARCH
In this project doctrinal research was involved. Doctrinal Research is a research in which
secondary sources are used and materials are collected from libraries, archives, etc. Books,
journals, articles were used while making this project.

2. TYPE OF RESEARCH
Explanatory type of research was used in this project because the project topic was not relatively
new and unheard of and also because various concepts were needed to be explained.

3. SOURCES OF DATA COLLECTION

Secondary source of data collection was used which involves collection of data from books,
articles, websites, etc. No surveys or case studies were conducted.

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 Chapter-2
Concept of Social Justice
The concept of Social Justice emerged out of a process of evolution of social norms, order, law
and morality. It laid emphasis upon the just action and creates intervention in the society by
enforcing the rules and regulations based on the principles in accordance with social equality. The
term 'social' is concerned with all human beings within the society and term 'justice' is related with
liberty, equality and rights. Thus social justice ensures liberty, equality and maintains their
individual rights in the society. In other words, securing the highest possible development of the
capabilities of all members of the society may be called social justice. The objective of social
justice is to organize the society so as to abolish the source of injustice in social relations, such as
discrimination on the basis of caste, sex, religion, race, region etc. whereas social justice may also
require protective discrimination in favor of the downtrodden, underprivileged and weaker
sections of the society1. The concept of social justice is an evolving concept and despite various
efforts, it is problematic to define the same. Each conceptualization is concerned with the
distributive character of imparting justice. Thus the notion of social justice requires the equal
distribution of economic goods and opportunities. In other words social justice means availability
of equal social opportunities for the full development of human personality to all the people in the
society, without any discrimination on the ground of caste, sex or race etc. Therefore, the notion
of social justice is associated with social equality and individual rights.

Despite various attempt to define the term ‘social justice’, it is a very vague concept and cannot
be captured empirically. In the view of former Chief Justice of India Justice Gajendragadkar, the
concept of social justice has dual objectives of 'removing all inequality' and affording equal
opportunities for 'economic activities of all the citizens. The core element of social justice is equal
social worth which required that citizens be guaranteed certain social rights as well as the civil and
political rights. The idea of social justice demands freedom, equality and other human rights to
secure the greatest happiness and common good of human beings.

1
M.P Jain, “Indian Constitutional law”, eighth edition, p.142

7
 Chapter-3

The Constitutional Perspective of Social Justice under Indian Constitution

3.1 Social Justice and preamble of the Constitution of India

At the time of independence, the constitution makers were highly influenced by the feeling of
social equality and social justice. For the same reason, they incorporated such provisions in the
constitution of India. Social Justice is the foundation stone of Indian Constitution. Indian
Constitution makers were well identified to use the various principles of justice. They wanted to
search such form of justice which could fulfill the expectations of whole revolution. Pt. Jawaharlal
Nehru suggested an idea before the Constituent Assembly: "First work of this assembly is to make
India independent by a new constitution through which starving people will get complete meal and
cloths, and each Indian will get best option that he can progress himself." 2The idea of social justice
found its resilience in nationalist thinking before it could be formally incorporated into the
Constitution.

The words, “Socialist” and “Secular” have been inserted in the preamble which reflects the idea
social welfare state. The word "socialism" in the Preamble of the Constitution was expressly
brought in the constitution to establish an egalitarian social order through rule of law as its basic
structure. In Minerva Mills Ltd. v. Union of India the Constitution Bench had considered the
meaning of the word "Socialism" to crystallize a socialistic State securing to its people socio-
economic justice by interplay of the Fundamental Rights and the Directive Principles. The term
‘justice’ in the Preamble embraces three distinct forms social, economic and political, secured
through various provisions of Fundamental Rights and Directive Principles. Social justice denotes
the equal treatment of all citizens without any social distinction based on caste, colour, 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 and women. 3Economic justice
denotes on the non- discrimination between people on the basis of economic factors. It involves

2
Minarva Mills vs. Union Of India (1980) 3 SCC 625
3
M.P Jain, “Indian Constitutional law”, eighth edition, p.162

8
the elimination of glaring in equalities in wealth, income and property. A combination of social
justice and economic justice denotes what is known as ‘distributive justice’. Political justice
implies that all citizens should have equal political rights and equal participation in the governance
of the society. The Constitution has more than two dozen articles providing for compensatory
treatment for disadvantaged citizens or for protecting them against discrimination. All these
provisions and its subsequent amendments are intended to ensure the economic, social and political
justice to disadvantaged citizens. The term ‘equality’ means the absence of special privileges to
any section of the society, and provision of adequate opportunities for all individuals without any
discrimination. The Preamble safeguards the equality of status and opportunity to all citizens of
India. This provision embraces three dimensions of equality- civic, political and economic. The
constitutional provisions that can help the lower castes to attain material benefits also involve a
promise of the establishment of an egalitarian society. The constitution provides effective
provisions to ensure social justice to the magnetized sections of the society. Article 15, 15(4), 16
(4) and 29 (2) as part of fundamental rights offer two folds advantages to SCs/STs and OBCs. Such
provisions not only bans discrimination in government employment but permits the state to make
any provision for the reservation in such employment.4 The Constitution provides reservation in
many areas as education, employment, land allotment and housing etc. Article 330 and 332 of
Indian Constitution provides reservation in political matters to margined sections of the society
such as SC/ST in both houses of parliament. Such provisions reflect the idea of the distributive
form of justice. The social, economic and political justice as a three folds classification of justice.
It is difficult to conceive the latter two as independent and apart from society. Conceived
generically social Justice includes economic and political Justice. Social Justice as the name
indicates must conform to Justice in all in its social aspects. The deeper roots of Social Justice are
to be found in economic Justice. The social welfare theory the state which takes a comprehensive
view of the state activities includes both social and economic Justice.

3.2 Social Justice and the fundamental rights of the citizen of India

The fundamental Rights and directive principles are supplement to each other and aim at the same
goal of about a social revolution and the establishment of a welfare state. The fundamental rights
of our constitution are social justice. It is mentioned in the preamble itself Justice: Social, Political,

4
Dr.Kailash Rai, “The Constitutional law of India” eleventh edition, p.76

9
and Economic. 5 Part - III of the Constitution is said to contain the bill of Rights for the people of
India. They have been said to be the very foundation and the corner-stone of the democratic way
of life ushered in this country by the Constitution. These rights have been declared as sacrosanct,
inalienable and inviolable. It has been emphasized that Fundamental Rights are not to be read in
isolation. They have to be read along with the Chapter on Directive Principles of State Policy and
the Fundamental Duties enshrined in Article 51A. The Rights are to be kept in conformity with
the changing socio-economic conditions. For the purpose, the Constitution confers power on the
State, the constituent power, the power to amend the Constitution including the Fundamental
Rights. For example, the Constitution 1st Amendment, 1951, amended the provision relating to
Fundamental Rights.6 The Fundamental Rights, which are secured by the Constitution of India,
are grouped under the following heads: (i) Right to Equality (Articles 14 to 18) (ii) Right to
Freedom (Articles 19 to 22) (iii) Right to Education (Article 21-A) (iv) Right against Exploitation
(Articles 23 and 24) (v) Right to Freedom of Religion (Articles 25 to 28) (vi) Cultural and
Educational Rights of minorities (Articles 29 and 30) and (vii) Right to Constitutional Remedies
(Article 32) 7. Fundamental rights are available not only against the state but also against the
individual. However, there are provisions in part III of the Constitution, which impose limitations
upon the action of private individuals as well, for example, Articles 15(2), 17, 18(2), 23(1), and
24. As regards these provisions, the Supreme Court in People's Union for Democratic Rights v.
Union of India ruled that it was the constitutional obligation of the State of takes necessary steps
for the purposes of interdicting such violation and ensuring observance of the fundamental rights
by the private individual who was transgressing the same.8 9The first Fundamental Right secured
to the people of India is the "Rights to Equality". It is contained in Articles 14 to 18. The concept
of equality has been held basic to the rule of law. The Supreme Court in the case of Indira Nehru
Gandhi v. Raj Narayan, held that the right to equality conferred by Article 14 is a basic Structure
of the Constitution and an essential feature of democracy or rule of law. Article 14 uses two
expressions namely1. Equality before Law 2. Equal protection of laws. The principle of equality
embodied in Article 14, thus, permits reasonable classification 10. Article 14 prohibits class

5
Keshavanand Bharti v.state of Kerala, AIR 1973 SCC 225
6
State of Madras v. Champak am Dorairajan. AIR 1951 SC 226
7
Javed v. State of Haryana AIR 2003 SC 3057
8
Peoples Union for Democratic Rights v. Union of India AIR 1982 SC 1473
9
Dr.Kailash Rai, “The Constitutional law of India” eleventh edition, p.80
10
State of west Bangal v. Anwar Ali AIR 1952 SC 75

10
legislation, "Class legislation" means legislation differentiating between the same classes of
persons. Article 14 Strikes at Arbitrariness-A Dynamic Approach to save social justice. The
Supreme Court in E.P. Royappa State v. of Tamil Nadu 11has given a dynamic connotation to the
equalizing principle. The Court declared this equalizing principle contained in Article 14 as a
"founding faith', a way of life" must not be subjected to "a narrow pedantic or lexicographic
approach equality is antithetic to arbitrariness. In Maneka Gandhi v. Union of India, the Supreme
Court reiterated the majority view in E.P. Royappa v. State of Tamil Nadu and emphasizing on the
content and reach of the great equalizing principle enunciated in Article 14, stated. Article 14
Strikes at arbitrariness in State action and ensures fairness and equal of treatment.
Article 15 provides: "The State shall not discriminate against any citizen on ground only of
religion, race, caste, sex, and place of birth or any of them". Then Clause 2 of article 15 also
provides that there should be no discrimination as to the use or access to public article. Article
15(3) is an exception to the rule against discrimination embodied in Clause (1) as well as Clause
(2). While, both these Clauses prohibit discrimination on the ground of sex, Clause (3) enables the
State to confer special rights upon women, since women are a well defined class. 12 Clause (4) of
Article 15 contains another exception to Clauses (1) and (2) and special provision for the
advancement of any socially and educationally backward classes of citizens or for the Scheduled
Castes and the Scheduled Tribes". This Clause was added by the Constitution (First Amendment)
Act, 1951, as an equal to the decision of the Supreme Court. 13 In M.R. Balaji v. State of Mysore,
the Supreme Court held that backwardness under Clause (4) of Article 15 must be both, socially
and educationally. The caste of a group of persons, the Court said caste could not be the sole or
even predominant basis to ascertain whether that class should be taken to be backward for the
purpose of Article 15(4).14 The Court held that as regards social backwardness, the main
determining factor would be the result of poverty. In State of U.P. v. Pradeep Tan don, the Uttar
Pradesh Government made reservation of seats for admission to the medical colleges in the State
in favour areas. The Supreme Court held that the reservation in favour of candidates coming from
rural areas was unconstitutional. 15 Article 16 provides equality of opportunity in matters of public

11
AIR 1974 SC 555.
12
State of M.P. v. G.D. Terthani A.I.R. 2003 SC 2952
13
State of Madaras v. Champak am Darairajan AIR 1951 SC 226
14
AIR 1963 SC 649
15
AIR 1975 SC 563

11
employment. .Clause (1) of Article 16 guarantees to all citizens, equality of opportunity, in matters
relating to employment or appointment to any office under the State. Clause (2) further strengthens
the guarantee contained in Clause (1) by declaring that "No citizen shall, on grounds only of
religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or
discriminated against in respect of, any employment or office under the State". Clauses (3), (4)
and (5) of Article 16 contain exceptions to the rule of equality of opportunity, embodied in Clauses
(1) and (2).
Article 17 abolished "Unsociability" and forbids its practice in any form. It further declares that
"the enforcement of any disability arising out of Untouchability shall be an offence punishable in
accordance with law. The Fundamental Right to Freedom is guaranteed under Article 19 to 22 of
the Constitution. These Article deal with the following different aspects of the right to freedom.1.
Six Fundamental Freedoms (Article 19) 2. Protection in Respect of Conviction for Offences
(Article 20) 3. Protection of Life and Personal Liberty (Article 21) 4. Right to Education (Article
21-A) 5. Protection against Arrest and Detention in Certain Cases (Article 22). Article 19
guarantees to every Citizen of India the following six basic, fundamental freedoms. (A). Freedom
of speech and expression; (B). Freedom of assemble peaceably and without arms; (C). Freedom of
form associations or unions; (D). Freedom of move freely throughout the territory of India; (E).
Freedom of reside and settle in any part of the territory of India; and (F). Freedom of practice and
profession, or to carry on any occupation, trade or business. Freedom of speech and expression has
been held to be basic and indivisible for a democratic polity. It is said to be a cornerstone of
functioning of the democracy. In Vishaka v. State of Rajasthan16, the Supreme Court observed that
sexual harassment of working women in work places would be violation of the victims',
fundamental right under Article 19(1) (g). In this case, a social worker was brutally gang raped in
a village of Rajasthan. The Court took a serious note of the matter and issued binding directions
for the prevention of such incidents. The interests of general public" in Article 19(6) has been held
to be of wide import comprehending public order, public health, public security, sanitation, morals,
education or economic welfare of the community and the objects mentioned in Part IV of the
Constitution. 17

16
AIR 1997 SC 3011
17
Dr.Kailash Rai, “The Constitutional law of India” eleventh edition, p.80

12
Article 20 provides protection in respect of conviction for offences. Article 20 provides protection
against (A).Ex-post facto laws [Article 20(1)] (B) Double jeopardy [Article 20 (2)] (C). Self-
incrimination [Article 20(3)]. Article 21 reads as "No person shall be deprived of his life or
personal liberty except according to procedure established by law". This right has been held to be
the heart of the constitution in the case of I.R. Coelho v. State of Tamilnadu18. Article 23 and 24
guarantee "the fundamental right against exploitation". This right is secured to every person,
whether citizen, non-citizen or an alien. Article 24 provides: "No child below the age of fourteen
years shall be employed to work in any factory or mine or engaged in any other hazardous
employment where children below 14 years should not be employed. The Supreme Court in
Labourers Working on Salal Hydro Project v. J. & K., 19State held that building construction work
was such hazardous employment where children below 14 years should not be employed. The
Right to "freedom of religion": is contained in Articles 25 to 28 of the Constitution. Article 29 and
30 deals with the cultural and educational rights. In State of Bombay v. Bombay Education
Society,20 the Government's Order banning admission of all those whose language was not English
into schools having English as medium of instruction was struck down as violative of Article 29(2).
Article 32 confers one of the "highly cherished rights". It is the right to move the Supreme Court
for the enforcement of the fundamental rights. This right has been held to be an important and
integral part of the basic structure of the Constitution", and it cannot be abrogate by any Act. The
power under Article 32 has been described as the "heart and soul" of the Constitution. It is because
of this Article that the Supreme Court should be declared "as the protector and guarantor of
fundamental rights”.

3.3 Social Justice and Directive principles of state policy

Part IV of the Constitution sets forth the ideals and objectives to be achieved by the State for setting
up in India a Social Welfare State, which aims at social welfare and the common good and to
secure to all its citizens, justice-social and economic. The inspiration for including in the
Constitution, such Principle is drawn from the Constitution of Ireland, 1937. The main object and
purpose Behind the Directive Principles: is to bring social welfare state. Articles 36 to 51

18
AIR 2007 SC 84
19
AIR 1994 SC 177
20
AIR 1994 SC 1918

13
incorporate certain directive principles of State policy which the State must keep in view while
governing the nation, but by Article 37 these principle have been expressly made non-justiciable
in a court of law. Although these principles are not judicially enforceable, yet they are not without
purpose. These are intended for the guidance of the State. While these principles shall not be
cognizable by any court in India but they are nevertheless fundamental in the governance of the
country and their application in the making of laws shall be the duty of the State. According to Dr.
B.R. Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian
Constitution. They are enumerated in Part IV of the Constitution. They can be classified into three
broad categories- socialistic, Gandhian and liberal- intellectual. The directive principles are meant
for promoting the ideal of social and economic democracy. They seek to establish a ‘welfare state’
in India. However, unlike the Fundamental Right, the directives are non- justiciable in nature, that
is, they are not enforceable by the courts for their violation. Yet, the Constitution itself declares
that ‘these principles are fundamental in the governance of the country and it shall be the duty of
the state to apply these principles in making laws’. Hence, they impose a moral obligation on the
state authorities for their application. But, the real force (sanction) behind them is political, that is,
public opinion. 21In Minerva Mills22 case , the Supreme Court held that ‘the Indian Constitution is
founded on the bedrock of the balance between the Fundamental Rights and the Directive
Principles’. There are other provisions in the Constitution which ensure the concept of social
justice i.e. Article 39(f) expected that the state shall direct its policy towards securing that children
are given opportunities and facilities to develop in a healthy manner and youth are protected
against exploitation and against moral and material abandonment. Under Article 41, it is expected
that the State shall make effective provision for securing the right to work, to education and to
public assistance in case of unemployment, old age, sickness and disablement. Further, Article 42
states that the state shall make provision for securing just and humane conditions of work and for
maternity relief. In Article 43 it is expected that the State shall endeavor to secure, by suitable
legislation or economic organization or in any other way, to all workers agricultural, industrial or
otherwise, work, a living wage, conditions of work ensuring a decent standard of life. In PUDR

21
Dr.Kailash Rai, “The Constitutional law of India” eleventh edition, p.88

22
AIR 1980 SC 1789

14
vs. Union of India23, the Supreme Court has held that minimum wages must be given and not to
pay minimum wages is the violation of human dignity and it is also known as exploitation.
In India, courts have performed a great role to make the Social justice successful. It has given a
principal and dynamic shape to the concept of social justice. Social justice has been guiding force
of the judicial pronouncements. In Sadhuram v. Pulin24, the Supreme Court ruled that as between
two parties, if a deal is made with one party without serious detriment to the other Court would
lean in favour of weaker section of the society. The judiciary has given practical shape to social
justice through allowing affirmative governmental actions are held to include compensatory justice
as well as distributive justice which ensure that community resources are more equitably and justly
shared among all classes of citizens. The concept of social justice has brought revolutionary change
in industrial society by charging the old contractual obligations. It is no more a narrow or one sided
or pedantic concept. It is founded on the basic ideal of socio-economic equality and its aim is to
assist the removal of socio- economic disparities and inequalities. In J.K. Cotton Spinning and
Waving Co. Ltd. V. Labour Appellate Tribunal25, the Supreme Court of India pointed out that in
industrial matters doctrinaire and abstract notions of social justice are avoided and realistic and
pragmatic notions are applied so as to find a solution between the employer and the employees
which is just and fair.

23
AIR 1982 SC 1473.
24
AIR 1984 SC 1471
25
AIR 1964 SC 737

15
 Chapter-4

Role of Judiciary

Although the Concept of Social Justice has no definite and fixed meaning – The Supreme Court
in D.S. Nakara v. Union of India 26has observed that the principal aim of socialism is to eliminate
inequality of income and status and standard of life and to provide a decent standard of life to the
working people. Social justice is the recognition of greater good to a larger number without
deprivation or accrual of legal rights of anybody. If such a thing can be done, then social justice
must prevail over any technical rule. The expression 'social and economic justice' involves the
concept of 'distributive justice', which can notes the removal of economic inequalities. The ideal
of economic justice is to make equality of status meaningful and life worth living at its best
removing inequality of opportunity and of status – social, economic and political. Social justice
would also include legal justice, which means that the system of administration of justice must
provide a cheap, expeditious and effective instrument for realization of justice by all sections of
the people irrespective of their social or economic position or their financial resources. In Calcutta
27
Electrical Construction Company Ltd, v. J.C. Bose case, the Supreme Court held that right to
social justice is a fundamental right. In Consumer and Education Research Centre case, Judges
Bench declared that the right to social justice to the worker is a fundamental right. He has a right
to health and medical care as a fundamental right to live with dignity. Right to life includes better
standards of life, hygienic conditions in work place and leisure. Consumer Education and Research
center v. union of India 28the preamble and Article 38 of the Constitution of India – the supreme
law envisions social justice as its arch to ensure life to be meaningful and livable with human
dignity. The Constitution commands justice, liberty, equality and fraternity as supreme values to
usher in the egalitarian social, economic and political democracy. Social justice, equality and
dignity of person are corner stone’s of social democracy. In the case of Air India Statutory
Corporation and other v. United Labour Union29 the Constitutional concern of social justice as an
elastic continuous process is to accord justice to all sections of the society by providing facilities
and opportunities to remove handicaps and disabilities with which the poor, the workmen etc are

26
AIR 1983 SC 130
27
AIR 1992 S.C. 573 585
28
AIR 1995 S.C 922
29
AIR 1997 SCC 377

16
languishing and to secure dignity of their person. The Constitution, therefore, mandates the State
to accord justice to all the members of the society in all facets of human activity. Social justice and
equality are complementary to each other so that both should maintain their vitality. In Olga Telis
30
v. Bombay Municipal Corporation popularly known as pavement dwellers case, the Supreme
Court of India held that word 'life' in Art. 21 include also the right to livelihood. This judgment of
Supreme Court has created awakening in the public about their rights. Thus the Apex Court
extended social justice to hawkers who earned their bread loaf from hawking on pavements. In
some cases Supreme Court had set aside the provisions of enactments where social justice so
demanded. Abolition of bonded labour is undoubtedly an important achievement in terms of social
justice. The Supreme Court while considering the scope of Art.23 in the context of bonded labour
observed that not only beggar rather all forms of forced labour would be prohibited under this
Article as it declares illegal any form of forced labour being violative of human dignity and
contrary to basic human values. Therefore, every form of forced labour has been prohibited under
Art.23 as the practice of forced labour has been condemned in almost every international
instrument dealing with human rights.31

From a theoretical perspective, the term "social justice" seems to imply testing a problem or a
controversy on a broad social canvas rather than taking a microscopic view on the dispute, and
come to a decision on that basis. But if the society desires that the Judges ought to dispense social
justice, then it becomes inevitable that the judiciary will have to take into consideration a large
number of social, and may be political factors which are not directly in issue in a dispute, and the
judgments in such a case would have to be anchored on these factors. It is important to examine in
what manner and so what extent the Indian judiciary has been influenced by the principles of Social
Justice. From this brief analyses of these authorities touching upon the issue of social justice, it
would became clear that it is the duty of the Courts to bring within the ambit of the decision making
process the Directive Principles of specified in Part IV of the Constitution. Articles within this part
mostly deal with economic, cultural and social rights and broadly fit the requirement of social
justice. Judges would be failing in their constitutional duty if they ignore the concept of "Social
Justice", while adjudicating on issues in which such a question is raised.

30
AIR 1885 SC 180
31
Bandhua Mukti Morcha v.Union of India AIR 1984 SC 802.

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 Chapter-5

Social Justice-A dream or reality

The Apex Court has contributed a lot of to achieve the goal of Social Justice. The first and foremost
tool that Judiciary device is the public interest to promote the Social Justice. The courts did
everything to help the poor and to break every procedural barrier to deliver Justice to the poor. The
Apex Court has recognized right to equal pay for equal work. Right to education, right to
livelihood, child welfare etc. Thus we can say that Supreme Court has played a pivotal role to
make India a welfare state and to make the dream of Social Justice a reality, the Judicial Activism
has proved to be a boon for the common. The Supreme Court has acted as Instrument of Social
Justice and has given adequate Support to the causes of Weaker Sections of the Society. The Social
Justice is a balancing wheel between freedom, political and Economic Justice making the survival
of democracy possible. The Judiciary virtually enforced Directive principles through the doors of
fundamental rights by the dynamic instrument of Interpretative power. In Keshavanand Bharti case
the Supreme Court declared that India is welfare State as basic structure in a parliamentary
democracy. Further lead was taken in Minerva- Mill’s case, and the Supreme Court put on firm
hold that the directive principles and fundamental rights should be harmoniously interpreted as
two wheels of the chariot to establish an egalitarian social order. After Champakam Dorai Raj's
case, Article 15(4), by Constitution, First Amendment Act, directs to make special provision for
the social, economic and educational advancement of the Scheduled Castes, 'Scheduled Tribes and
Backward Classes. 32

Article 21 of the Constitution protects the life and personal liberty. No person shall be deprived of
his life or personal liberty except according to the procedure established by law. It is a guaranteed
protection to life. Its deprivation shall be only by the procedure which in Maneka Gandhi case
declared the test of "reasonableness" which must be "just, fair and reasonable". The right to life in
Article 21 as was declared in Olga Tellis' case (1986) by a Constitutional Bench is not mere animal
existence but it includes means, to livelihood, which was elaborated in later judgments essential

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studies: ISSN:2348-8212 Volume 2 Issue 1

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needs to live with dignity. Right to livelihood was declared as a right to life. In Kirloskar Brothers
Ltd the Supreme Court declared the expression “right to life does include better standard of living
condition in the work place" as fundamental right. The government has made a number of schemes
and social policies like National old age pension (NOAP),Mid-day meals schemes (MDMS)
Mahatma Gandhi National rural employment guarantee act 2005 (MNREGA), Right of children
to free and compulsory education (2009) but still people are not able to get work even though the
numerous employment generation schemes. Old People, Children, Young Girls, Pregnant and
Lactating Women are not able to get their Rights. 33It happens because of certain loopholes in the
government which prevent them from the implementation of social justice. For example: education
up to the age of 14 does not make one fit for gain full employment and as a result the constitution
should be amended to provide free education at last till the completion of class x or xii. It may be
noted that every individual is like a building – if its foundation is feeble it is unavoidable that the
entire structure will collapse. The fundamentals for a successful career is deeply rooted in the
primary education the individual receives, as it is this education that will help him attain higher
levels of education. So to become a skyscraper one has to start from the bottom. The emphasis
should thus be on maximizing the educational infrastructure, more fund allocation and that of
reforming the entire teaching and learning process and refurbishing the outdated administrative
apparatus that hampers more than it serves.

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 Conclusion

Though there is a remarkable progress in the economy, science and technology, infrastructure
development but the gap between the rich and poor is widening day by day. The socially excluded
sections of the poor are systematically left behind from their countries’ progress. Their excluded
status is the product of multiple and intersecting inequalities. Though various initiatives have been
taken by the government to achieve the target even though some of the targets are far from to
achieve and still comprehensive programmes and policies are required to achieve these targets.
The constitution should be interpreted in such a manner to make it a living document in order to
fulfill the aspirations of the people. The judiciary has played a great role in updating the
constitution through its positive interpretation. It is the collective effort of all the organs of
government which lead the social justice to all the citizens. The need of hour is to ensure the proper
and balanced implementation of policies so as to make social justice an effective vehicle of social
progress.

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 Bibliography

1. Jain M.P., “Indian Constitutional Law”, eighth edition, LexisNexis Butterworths Wadhwa
Nagpur, Noida, 2018.

2. Rai Kailash, “The Constitutional Law of India”, eleventh edition, Central law publications,
Allahbad, 2015.

3. Bohra Saroj, “Social Justice and Indian Constitution”, “International Journal of law and legal
jurisprudence studies: ISSN:2348-8212 Volume 2 Issue 1

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