And yet the actions of countless people in this country, day after day, believe their words. The reckless flouting of the concept of social justice, and the denial of equal opportunities in life which this postulates, all reflect a tendency that is anti-national and marks totally unfair and unjustified behavior. In this defiance of the basic laws of human justice, the educated intelligent people are as guilty as their ignorant, unlettered compatriots in the countryside. We may start with certain provisions of the Constitution, which is the fundamental law of the land.
The basic social system is built on gross inequalities and the power to lobby and mould State policy, even judicial policy, is heavily in the hands of the proprietariat.
Being social realists and meliorists we have to work with the materials that we have and try to read the constitutional provisions in such a manner that the human essence of distributive justice is won by dynamic interpretation and socialist understanding. The Directive Principles of State Policy contain the directions of change towards such a new social order.
Even in the Constitution we find different strategies of justice. Justice, Distributive Justice, Constitution. Justice means giving one what is due to him. As a principle of law, justice delimits and harmonises the conflicting desires, claims and interests in the social life of the people.
In the modern society if we take the view that all its problem of distribution then the recourse is left open to distributive justice and nothing else. Distributive justice embraces the whole economic dimension of social justice, the entire question of distribution of goods and services within the society.
It demands equality in the distribution or allotment of advantages or burdens. The aim of distributive justice is to strike a balance in the socio-economic structure of the society and bring equipoise between the conflicting interests of individual citizens.
It is submitted that the problem of distributive justice in one sense is more a matter of procedural fairness to individuals than of substantive rightness or wrongness of the rules themselves. More specifically, it would seem that even bad rules can be applied justly and good rules in an unjust way, but it does not mean that it is not the concern of the substantive law.
Much will depend upon the structure of the society. To establish distributive justice we must create a public system of rules by reference to which the conflicting claims which inevitably arise can be authoritatively determined. Distributive justice essentially is the function of a just society.
The problems of Indian society are so complex, perplex and varied that a single formula for distributive justice cannot be found. The Constitution of India talks of justice in the Preamble as well as in Article 38 of the Constitution which is a directive principle of state policy.
The Constitution talks not of justice but of social, economic and political justice. It does not merely envisage a system of corrective justice in which rights and obligations arising out of the present social structure are enforced.
It clearly saw that the existing structure was unjust and needed to be changed. This is what we call distributive justice. Justice shares with natural law an institutional immortality which presents a constant paradox: The power of justice is so great that it strengthens and excites a person fighting for just cause.
All wars have been fought by all parties in the name of justice, and same is true of the political conflict between social classes.
On the other hand, the very fact of this almost ubiquitous applicability of the principle of justice prompts the suspicion that something may be wrong with an idea that can be invoked for any cause.
Social groupings of today are dynamic, not static, and they do not find the ideal equipoise in a condition of mere imperturbability. Justice is considered to be the primary goal of a welfare state whose very existence in turn rests on the parameters of justice. The greatest contrast, however, between ancient and modern thinking about the social harmony of justice is in the changed conception of individual personality in relation of law.
The problem of Justice The importance of the subject of justice and the frequency of its use would naturally lead one to believe that there is an accepted definition of justice or, if not, at least a workable definition of justice is capable of being carved out. But defining justice is not as easy as it appears to be.
There are difficulties inherent in the concept of justice and it is because of this reason that it is wholly indeterminate and belies all attempts to define it. Hens Kelsen perturbedly remarked: No other question has been discussed so passionately; no other question has caused so much precious blood and so many bitter tears to be shed; no other question has been the object of so much intensive thinking by the most illustrious thinkers from Plato to Kant; and yet, this question is today as unanswered as it ever was.
It seems that it is one of those questions to which the resigned wisdom applies that man cannot find a definitive answer, but can only try to improve the question. The term justice has two aspects, namely, abstract justice and concrete justice.
Those human actions which do not intersect mankind have no significance either for ethics or for jurisprudence.
The answer to the question as to what actions affect human welfare varies from age to age or generation t generation depending on divergent conceptions of human welfare prevailing in a given society during a given period of time.
It is through the abstract notion of justice that its true significance in its practical application can be ascertained and appreciated. In the concrete sense, justice plays a positive role in regulating the procedural safeguards afforded to litigants in the courts of law.
Meaning of Justice and Distributive Justice Grotius and Leibniz believed in the concept of society as the co-operation of beings endowed with reason defined justice as custodia societatis Justum est quod societatum ratione utentium perfecit.CONSTITUTION OF INDIA The Constitution of India, according to Ivor Jennings, is “The longest and the most detailed in the world.” Constitution of India is the supreme law of India.
It lays down the framework defining fundamental political principles, establishing the . Anyways, no point in crying over spilled milk or criticizing UPSC examiner lest we also become theHindu columnists.
But this type of papers are also a challenge in reaping India’s demographic dividend and internet bandwidth because youth has to spent precious time chasing/mugging up such feeble topics for next year’s preparation.; Difficult to come up with any reliable strategy.
An Inquiry into the Conditions of Social Justice in India [Note: 1.
This study of justice concentrates on conditions of social justice in India and will not include general issues of criminal justice; the proposal refers mainly to social justice and popular ideas of justice, as linked to, but distinct from rights. Archive of all articles, summary notes on Indian polity, Constitution and judiciary for Competitive Exams of India- UPSC, SSC and State services.
JSTOR is a digital library of academic journals, books, and primary sources. Thanks to Bezmenov’s desertion we can now learn the secrets of the notorious KGB. There are two videos available by Bezmenov.
The first is an interview, in which he tells his story of leslutinsduphoenix.com second video is a lecture in which he explains the subject of Subversion.