Justice As A Concept: Explained

Social, Economic, and Political Justice in Preamble Justice entails treating every person equally and providing them with the same opportunity. Justice is the idea that social, economic, and political justice should be provided to all Indian citizens. Justice has been a fundamental idea ever since human society began. These are protected by a number of Fundamental Rights and Directive Principles provisions. 

 

•    The preamble's reference of "justice" aims to foster a climate in which social, economic, and political fairness are guaranteed as well as to actively combat all forms of prejudice that may exist in society based on caste, community, race, religion, or other factors.

 

•    The Russian Revolution served as the inspiration for the concept of social, economic, and political justice.

 

•    Justice has evolved as a result of various viewpoints.

 

•    Ancient Indian philosophers like Manu and Kautilya helped to propagate the Indian idea of justice.

 

•    The concept of justice is firmly established in the preamble of the Indian Constitution. Because they recognized how crucial it is to establish justice in a country, the writers of the Indian Constitution made sure that it was included.

 

•    The preamble of the Indian constitution and Articles 14, 15, 16, and 17 all reference the principle of justice. The third section of the constitution, which ensures each citizen certain fundamental rights, contains all of these provisions.

 

•    The Indian Constitution's Article 39A includes provisions relating to "Equal Justice and Free Legal Aid."

 

The Indian Constitution outlines three categories of justice:

1.    Social justice

2.    Economic justice

3.    Political justice

 

•    Equal treatment of all citizens without distinction based on caste, color, race, religion, sex, or other factors is referred to as social justice.

 

•    It refers to the denial of privileges to any group within society while simultaneously establishing allowances for the advancement of women and socially and economically disadvantaged groups (SC, ST, and OBC).

 

•    No one should be denied the social circumstances necessary for development because of these inequalities.

 

•    The concept of social justice is based on the practice of social equality. In other words, it promotes both equity and equality.

 

•    In the case of S.R. Bommai v. Union of India, the Supreme Court of India proclaimed social justice and judicial review to be two fundamental components of the Indian constitution.

 

•    The absence of discrimination based on economic status between individuals is known as economic fairness. It requires eliminating obvious differences in wealth, income, and property.

 

•    Everyone should be given the chance to make a living and get equal compensation for equal work.

 

•    People shouldn't be treated differently depending on their financial situation. Nobody should be excluded from opportunities due to their financial condition.

 

•    The state of someone's finances should not decide whether they have access to opportunities.

 

•    By increasing national wealth and resources and distributing this money fairly among all those who contributed to its production, economic justice aims to end poverty.

 

•    Political justice is ensuring that everyone has an impartial, equitable, and free opportunity to participate in politics.

 

•    It implies that everyone has the same opportunity to hold political office and participate equally in governmental operations.

 

•    Politically speaking, the government's operations must be impartial. Any individual should not be given any benefits and should be treated equally regardless of their political affiliation.

 

•    No matter a person's political stance, all laws ought to be applied equally to them.

 

•    All three sorts of justice are tied to one another. Before getting one, the other two need to be there.

 

•    The phrase "Social and Economic Justice" implies distributive justice, which refers to eradicating economic inequities and redressing injustice brought on by dealing or transactions between unequals in society.

 

•    The Constitution's Preamble is its first chapter, as previously stated.

 

•    Fundamental Rights are the subject of the second section, and Directive Principles are covered in the third.

 

•    The Indian Constitution solemnly pledges to uphold all of its citizens' rights to social, economic, and political justice, freedom of expression, equality of status and opportunity and promotion of fraternity among all people while guaranteeing their individual dignity and the unity of the country.

 

•    Part III of the Indian Constitution contains measures relating to equality that uphold all three forms of justice in Articles 14 and 15.

 

•    Additionally, in 2019 a 103rd constitutional amendment was approved to ensure economic justice for all. The legal reasoning behind this amendment was founded on the use of economic justice.

 

•    The judiciary protects civil rights and acts as a watchdog over basic rights.

 

•    It is essential to implementing the three sorts of justice that the Indian Constitution guarantees.

 

•    The judiciary has played a significant role in establishing justice in the country and making the preamble's vision of justice a reality.

 

•    The judiciary has taken a progressive stance in this area and has proven by its judgments that justice is an essential element of a developed and law-abiding society.

 

•    The concept of social justice has been upheld by the court in judgments like Maneka Gandhi v. UOI (right of liberty).

 

•    The right to equality is outlined in Article 14 of the Indian constitution, according to which every person must be treated fairly and equally before the law.

 

•    The state may make arrangements for the advancement of SC/STs and the achievement of social justice under Articles 15(4) and 16(4).

 

•    The Indian Income Tax law's progressive nature, as well as the tax rates, aim to lessen levels of inequality and promote economic fairness.

 

•    The Indian Constitution guarantees equal weight for every vote and unrestricted adult suffrage, reinforcing political justice.

 

Using technology, justice could be delivered effectively and affordably:

•    In order to ensure that everyone has access to justice throughout the post-pandemic phase, measures must be made given the high pendency and length of time needed for dispute resolution.

 

•    For effective justice delivery, technology intervention and a three-tiered strategy that prioritizes dispute avoidance, dispute containment, and dispute settlement are crucial.

 

•    The courts are developing a strategy for how cases will be heard in courtrooms, initially through an online technique and then converting to a hybrid model that mixes virtual and in-person hearings.

 

•    For the avoidance and containment of low- and medium-value civil disputes, online dispute resolution (ODR) may be useful. It has the power to stop conflicts in their tracks.

 

•    The Supreme Court has made extraordinary efforts to move to an online format, greatly exceeding the amount of online sessions held in other jurisdictions worldwide.

 

•    A hearing access infrastructure for lawyers and litigants has also been developed around the district courts in New Delhi with assistance from the Court.

 

•    It is safe to conclude that there are significant efforts being made to incorporate technology into the court system.

 

•    Pilot projects using the Lok Adalat process have also been carried out for the adoption of e-Lok Adalats.

 

For a stronger democracy, the administration of justice must be improved. Because they saw that no society can become a constitutional society without the existence of all forms of justice, the founders of our constitution incorporated this concept into the preamble as well as parts III and IV of the Indian Constitution. The Preamble is therefore the most important section of the Constitution. Through a number of articles relating to fundamental rights and guiding principles for public policy, the Indian Constitution protects social order. Justice is required to uphold this order.