A CRITICAL STUDY ON SOCIAL JUSTICE IN INDIA

Submitted To:
Mr. Aashutosh Kumar Aahire
(Faculty of Political Science)

Submitted By:
Anshu Sharma
B.A. LLB (Honours)
Date of Submission: 3rd September, 2019

Semester III, Section – A, Roll No: 22

Hidyatullah National Law University

Atal Nagar – Chhattisgarh (492002)

 DECLARATION BY STUDENT

I, Anshu Sharma hereby declare that, this project entitled, ‘A critical study on social justice
in India’ submitted to Hidayatullah National Law University (Raipur), is record of an original
work done by me under the guidance of Mr. Aashutosh Kumar Aahire , Faculty Member of
Political Science , H.N.L.U., Raipur and that where others’ ideas or words have been included,
I have adequately cited and referenced the original sources. I also declare that I have adhered
to all principles of academic honesty and integrity and have not misrepresented or fabricated
or falsified any idea/data/fact/source in my submission

Anshu Sharma
Semester III

I
 ACKNOWLEDGEMENTS

I feel highly elated to work on the topic “A Study on Social Justice in India.”
No creation in this world is a sole effort, nor is this work of mine. The practical realization of
this project has obligated the assistance of many persons. First of all I want to thank my faculty
teacher Mr. Aashutosh Kumar Aahire for his invaluable suggestions and guidance. It would
have not been possible for me to frame this project of mine without his support.

I would like to thank my family and friends without whose support and encouragement, this
project would not have been a reality.

I take this opportunity to also thank the University and the Vice Chancellor for providing
extensive database resources in the Library and through Internet.

Anshu Sharma
Semester III

III
 TABLE OF CONTENTS

·Declaration by student .................................................................................................. I

·Certificate by faculty ................................................................................................... II
·Acknowledgements .................................................................................................... III
·List of Cases ................................................................................................................ V
·Introduction .................................................................................................................. 1
·Chapterisation at a glance..............................................................................................3
·Objectives ..................................................................................................................... 4
·Research methodology ................................................................................................. 5
·Scope of work ................................................................................................................6
·Mode of citation............................................................................................................7
·Why and How Free Legal Aid and Services are provided to Poor? .............................8
·Positive work of Jucidiciary .............................................................................................10
·Problems faced while reaching out for people ........................................................... 15
·Conclusion……………………………………………………………………………18
·Reference .................................................................................................................... 20

1
 INTRODUCTION

With a population of 1.2 billion people, India is a multi-cultural, multi-linguistic, multi-

religious and multi-ethnic secular country. India is also the most representative democracy
which elects approximately 3 million people in the local self-government bodies - more than
1/3 of them being women

India is home to the second largest population of extreme poor (extreme poverty is a term
defined by the United Nations as a person earning less than the globally defined below poverty
line target of $1.90 per person per day) in the world, behind only Nigeria and just ahead of
the Democratic Republic of Congo1 And the number of poor people is not reducing very
rapidly. India ranks 130 out of 189 countries on the UN Human Development Index2 The
Constitution of India has ensured equality to all its citizens.
Article 14 of the Constitution of India reads ‘The State shall not deny to any person equality
before the law or the equal protection of the laws within the territory of India’. The
Constitution also prohibits discrimination on grounds of religion, race, caste, sex or place of
birth.3
The constitution makers of India were aware of cultural and the economic diversity of the
country and to promote equality, they put Article 39A into the Constitution, so that the
grievances of the poor, needy are not suppressed by the more powerful sections of the society.

Article 39A (Equal Justice and Free Legal Aid) of the Indian constitution, under the Directive
Principles of State Policy reads ‘The State shall secure that the operation of the legal system
promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal

1
Future Development, World Bank reports (2017) (accessed at 3:39 AM 22nd October 2018)
2
Human Development Indicators, UN Human Development Index Report 2018,
http://www.in.undp.org/content/india/en/home/sustainable-development/successstories/india-ranks-130-on-
2018-human-development-index.html
3
INDIA CONST. art. 15

1
aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other disabilities.4

The right of legal representation is being provided to every accused who is unable to engage a
lawyer or unable to secure competent legal services on account of reasons such poverty,
indigence, or incommunicado situations. This article has been considered as an essential
expression of ‘reasonable, fair and just’, procedure for an accused of an offence, which is held
to be implicit in the form of guarantee under article 21 of the Constitution of India.

The courts in India have actively taken part in making this right available to all the eligible
persons. Earlier, court took quite a restrictive approach, as far as the interpretation of the
statutory provisions was concerned, as it was only considered as a privilege given to the
accused and it was further, his duty only to ask for a lawyer if he needed one. And the only
task in this scenario that the judge was assigned was to make sure that the person got such an
opportunity.

Justice is not yet accessible to all as

1. Lack of awareness on rights and entitlements
2. Limited reach of the institutions extending Legal Aid.
3. Inaccessibility of Formal courts, vacancies and judicial delays
4. Gender discrimination in access to justice

4
INDIA CONST. art. 39, cl. A
 CHAPTERIZATION AT GLANCE

In the first chapter the author introduces the topic of Social Justice and how the constitution
under which provisions ascertain the social justice to the citizens of the country and how
everybody is treated equal in the eyes of law and no discrimination is done by the court on the
basis of rich and poor in provision of justice.

In the second chapter, the author defines concepts and terms that are integral in order to
facilitate further reading on this topic. Frequent questions that are usually asked regarding the
application of

In the last chapter, the author summarises the entire project and wraps up the fact the illuminates
the importance of Social Justice in India.
 OBJECTIVE OF THE STUDY

I. To understand What is Social Justice and how is it has been conferred by the
Constitution of India.
II. To understand what are the challenges faced in the provision of Social Justice.

III. To explore how does Judiciary help to reach out to the people for provision of Social
Justice.
 RESEARCH METHODOLOGY

This Research Project is descriptive and doctrinal in nature. Accumulation of the information
on the topic includes wide use of secondary sources like books, newspapers, e-articles etc. The
matter from these sources have been compiled and analysed to understand the concept from
the grass root level.

Websites, dictionaries and articles have also been referred.

The structure of the project, as instructed by the Faculty of Political Science has been adhered
to and the same has been helpful in giving the project a fine finish off.
 SOURCES OF DATA COLLECTION

Accumulation of the information on the topic includes wide use of secondary sources like
books, newspapers, e-articles etc. The matter from these sources have been compiled and
analysed to understand the concept from the grass root level.

Websites, dictionaries and articles have also been referred.

For generations, legal researchers, students of law, lawyers, scholars, judges, and other legal
professionals have relied on The Bluebook's unique system of citation in their writings. As the
legal profession is changing rapidly, The Bluebook continues to maintain a systematic and
uniform standard of citations, to communicate important information and the sources and legal
authorities upon which they rely in their research work.

I, Anshu Sharma, have followed "the Bluebook: A Uniform System of Citation, Harvard Law
Review Association" standards in the citations, in this thesis.
 SCOPE AND LIMITATION OF THE STUDY

Although I have done this project with utmost sincerity and attention to detail, there are a few
limitations present, without which this research project could have been enhanced.

Firstly, the issue of a submission deadline has forced me to refer from only a few
immediately available sources and has not allowed me to research up to the depth that I
would have, if not for the restraint of time.

Secondly, there are certain limitations on my behalf, I couldn’t reach out to the people who’ve
been facing lack of justice due monetary or various other reasons.

Lastly, I would like to cite an issue that my project has been based on online present articles and
data and does not know the actuality and I could not reach to the ground level reality which is
faced by numerous people in the country for the provision of Social Justice.
 CHAPTER- 1
What is Social Justice and how is it has been conferred by the Constitution of
India?
The Indian Constitution is unique in its contents and spirit. Through borrowed from almost every
constitution of the world, the constitution of India has several salient features that distinguish it
from the constitutions of other countries.

One of such salient feature is the provision of the Social Justice to the citizen of India where the
meaning of the term Social Justice is: a state or doctrine of egalitarianism.1

Bharat Ratna Babasaheb Dr. B.R. Ambedkar, the Chief Architect of Constitution of India, is the
man of millennium for social justice, in the sense that he became the deliverer of or the Messiah
of the Dalits, the erstwhile untouchables, Other Backward Classes (OBCs), and women,
constituting 95% of Hindu population. That big segment of population had been forced to live at
a sub-human level from time immemorial, under caste system, sanctioned by Hindu scriptures.
He was the man of millennium for social justice, since he was the first man in history to
successfully lead a tirade of securing social justice to the vast sections of Indian humanity, with
the help of a law, which practically repealed the concerned portions of Hindu scriptures.2

In primitive society, the basic objective of Justice was inflicting punishment on the offenders of
a crime. According to Aristotle,
Justice consisted in the fulfillment of ones moral duties towards community.Jusice plays a vital
role in the development of society. It maintains three values-Liberty, Equality and Fraternity.
Now if we talk about social Justice it relates to the balance between an individual's rights and
social control ensuring the fulfillment of the legitimate and is equally distributed also. To weaker
sections also and to other who wants social Justice- Yes,those people who are economically
backward, who are not so aware of their rights, who find difficult for survival, who cannot make
their life path easy and so on. Though there is no lacuna in our Constitution regarding provision
as we all know but there is lacuna in implementing them. There is a discrepancy in distribution
of social Justice that it cannot be distributed equally.

1
Merriam Webster, Meaning of the term Social Justice, (Aug 28, 2019, 10:20 PM), https://www.merriam-
webster.com/dictionary/social%20justice
2
SL Dhani, Dr BR Ambedkar: Man of Millennium for Social Justice, 02-03, (Kalpaz, Delhi, 2007)
8
The term Justice in the Preamble embraces three distinct forms
1. Social
2. Economic
3. Political3

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 (SCs,
STs, and OBCs) and women. Social Justice is the foundation stone of Indian Constitution. Indian
Constitution makers were well known to the use and minimality of various principles of justice.
They wanted to search such form of justice which could fulfill the expectations of whole
revolution. Pt. Jawahar Lal Nehru put 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.”
Social justice found useful for everyone in its kind and flexible form. Although social justice is
not defined anywhere in the constitution but it is an ideal element of feeling which is a goal of
constitution. Feeling of social justice is a form of relative concept which is changeable by the
time, circumstances, culture and ambitions of the people. Social inequalities of India expect
solution equally. Under Indian Constitution the use of social justice is accepted in wider sense
which includes social and economical justice both. According to Chief Justice Gajendragadkar.
“In this sense social justice holds the aims of equal opportunity to every citizen in the matter of
social & economical activities and to prevent inequalities”.
The Constitution of India has solemnly promised to all its citizens justices-social, economic and
political; liberty of thought expression, belief, faith and worship; equality of status and of
opportunity; and to promote among the all fraternity assuring the dignity of the individual and
the unity of the nation. The Constitution has attempted to attune the apparently conflicting claims
of socio-economic justice and of individual liberty and fundamental rights by putting some
relevant provisions.

3
Mohit Sharma, Constitution of India and Social Justice, 2 IJSDR, 285 (2017)
9
Article 19 enshrines the fundamental rights of the citizens of this country.4 The seven sub-clauses
of Article 19(1) guarantee the citizens seven different kinds of freedom and recognize them as
their fundamental rights.5 Article 19 considered as a whole furnishes a very satisfactory and
rational basis for adjusting the claims of individual rights of freedom and the claims of public
good.

Articles 23 and 24 provide for fundamental rights against exploitation.6 Article 24, in particular,
prohibits an employer from employing a child below the age of 14 years in any factory or mine
or in any other hazardous employment.7 Article 31 makes a specific provision in regard to the
fundamental right to property and deals with the vexed problem of compulsory acquisition of
property.

Article 38 requires that the state should make an effort to promote the welfare of the people by
securing and protecting as effectively as it may a social order in which justice social, economic
and political shall inform all the institutions of national life.8 Article 39 clause (a) says that the
State shall secure that the operation of the legal system promotes justice, on a basis of equal
opportunity, and shall, in particular provide free legal aid, by suitable legislation or schemes, or
in any other way, to ensure that opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities.9

Article 41 recognizes every citizen’s right to work, to education and to public assistance in cases
of unemployment, old age, sickness & disablement and in other cases of undeserved want.10

Article 42 stresses the importance of securing just and humane conditions of work and for
maternity relief.11

Article 43 holds before the working population the ideal of the living wage and Article 46
emphasizes the importance of the promotion of educational and economic interests of schedule

4
INDIA CONST. art. 19.
5
INDIA CONST. art. 19, cl. 1.
6
INDIA CONST. art. 23.
7
INDIA CONST. art. 24.
8
INDIA CONST. art. 38.
9
INDIA CONST. art. 39, cl. a
10
INDIA CONST. art. 41.
11
INDIA CONST. art. 42.
10
castes, schedule tribes and other weaker sections.12

The social problem presented by the existence of a very large number of citizens who are treated
as untouchables has received the special attention of the Constitution as Article 15 (1) prohibits
discrimination on the grounds of religion, race, caste, sex, or place of birth. The state would be
entitled to make special provisions for women and children, and for advancement of any social
and educationally backward classes of citizens, or for the SC/STs. 13
A similar exception is provided to the principle of equality of opportunity prescribed by Article
16 (1) in as much as Article 16(4) allows the state to make provision for the resolution of
appointments or posts in favour of any backward class of citizens which, in the opinion of the
state, is not adequately represented in the services under the state. Article 17 proclaims that
untouchability has been abolished & forbids its practice in any form & it provides that the
enforcement of untouchability shall be an offence punishable in accordance with law.14
This is the code of provisions dealing with the problem of achieving the ideal of socio- economic
justice in this country which has been prescribed by the Constitution of India.

The social justice scenario is to be investigated in the context of two streams of entitlements: (a)
sustainable livelihood, which means access to adequate means of living, such as shelter, clothing,
food, access to developmental means, employment; education, health, and resources; (b) social
and political participation (enabling or empowering means), which is built on the guarantee of
fundamental rights, and promotion and empowerment of the right to participation in the
government, and access to all available means of justice, and on the basis of which “justice as a
political programme” becomes a viable reality. We require therefore a study based on select
illustrations of various issues relating to government policies on topics such as: (a) the right to
food and water; (b) housing, which includes resettlement and rehabilitation; (c) access to
education, (d) access to provisions of health and healthcare, (e) right to work, and (f) access to
information and the right to communication. In short, one of the important ways in which the
inquiry will proceed will be through taking stock of various forms that have occasioned the
articulation of ideas of social justice. Governmental justice consists of various welfare schemes,
law, legal literacy, administrative forms of arbitration such as tribunals, boards, courts, public
interest litigation, new legal education, plus the constitutional idea of protection of weaker
sections of the society and introduction of positive discrimination.

12
INDIA CONST. art. 43.
13
INDIA CONST. art. 15 cl. 1.
14
INDIA CONST. art. 17.
11
CHAPTER-2
Challenges in the provision of Social Justice to the people

After 40 years of independence, 8 Five Year Plans, hundreds of laws leading to a veritable forest
of rules offering a variety of special facilities to the underprivileged ranging from scheduled
castes and tribes to women, in matters of education, employment, housing, etc. social justice is
far from a reality. 53% of over 965 million people are under the poverty line i.e. unable to spend
even a dollar a day on bare necessities. A mere 16% of households enjoy the ‘luxury’ of
electricity, drinking water and toilet facilities. This percentage is 3.9% if only rural households
are taken into consideration. 71% of our women are illiterate. Barring a few states like Kerala
and Tamil Nadu, rural health care is a sham and almost non-existent. Then there is the problem
of the millions of the educated unemployed.

Though in any society some form of inequality is unavoidable, the persistence of large-scale
economic disparities and the undignified living conditions of millions of Indians is a reality that
cannot be overlooked. The satisfaction of a set of basic needs must have the highest priority, for,
without food, shelter, clothing, health care and primary education a person does not become a
human being.

The widespread caste prejudices and the continuing discrimination against the lower castes are a
threat to social stability and peace. The social and educational backwardness of a vast section of
the population inhibits its participation in the process of social and economic development, not
to mention human development. Hence, the reduction of discriminatory social practices is an
important part of the movement for social justice. Women suffer from historical, social and
economic disadvantages. Even among the other categories of deprived communities, they are the
most deprived group. A liberal society must attend to demands of gender justice seriously.

The conception of social justice also encompasses firm commitment to the protection of human
rights and civil liberties. Disabilities and problems of other groups like the physically disabled,
child labour, tribals and those affected by environmental pollution also form the agenda of social
justice. And these are India’s most critical problems. These are at the root of much of the political
unrest, social and ethnic conflicts, and the growth of collective violence and the weakness of
democratic structures in our country.15

15
Rajat Prakash, Concept of Social Justice, SSRN, (2015)
12
The caste institution in our society is very effective which is not the phenomenon in western
countries. In such circumstances, can we reap the fruits of the system which we adopted? The
main objectives of social justice are compulsory and equal education, casteless society and
employment to each. Economic exploitation is also a big factor and all these do not allow the true
realization of democracy. When India is passing through social and caste discrimination,
economic crisis, unemployment, communalism and lack of basic needs, a party of substance and
difference is needed which acknowledges and addresses the problems of social and economic
deprivation.16

Meaning of ‘Justice’ doesn’t need to be further defined and it is committed to give justice to all
those who have been or being denied.

Social policy: Politics is reflection of the society. If casteism, regionalism and communalism are
part of society, they will go in to politics also. Those who are born and die in discriminatory
environment, how is it possible for them to have different mindset? During elections, this mindset
takes precedence over development, science, honesty, integrity etc. Though political parties aim
to capture political power but they are equally responsible to fight out social discrimination while
making it important agenda. Till ideal situation is attained, it will not be possible to capture
political power through agenda like development, education, health etc. Recently French
Government banned students from wearing religious symbols in schools and similarly we also
have to take hard decisions to do away with vestigial institutions like caste. Due to increasing
consciousness among dalits and backwards, they are also striving to have participation in political
power and it is leading to a situation where elections are being fought more between the castes
than parties. Earlier, dominant castes used to fight elections mainly and now backwards have also
started contesting and a day will come erstwhile dominant castes will be out of power owing to
their smaller number. For all of us it is essential to remove rotten values and social system.17

16
University of Calicut, Indian Society and Social Change,
17
Robert Pinker, Social Policy and Social Justice, 3 Cambridge University Press, 1,19 (20th Jan. 2009)
13
Economic policy: The distribution of income among individuals or households at the local or
national level, based on classifications such as socio-economic status, profession, gender,
location, and income percentiles, is the most widely used measure of the degree of equality or
inequality existing in a society. For most contemporary societies, income distribution remains the
most legitimate indicator of the overall levels of equality and inequality. Gap between rich and
poor is wider in our country. Besides historical reason, there are many reasons which are
producing poverty. Governments are morally bound to provide education, health, employment
and other basic needs. Due to globalization and privatization, it is now being debated that the
Governments are not suppose to do business and provide employment but are for maintenance of
law and order and foreign policy etc.18

Tribals: Tribals have escaped from caste discrimination but are the worst victims of economic
poverty. They have been traditionally fed on the roots and shoots and other available natural
resources but this also has declined. With increasing pace of industrialization and urbanization
there is no alternative left except to integrate them into the main stream of the nation. Though
they had been provided reservation but most backward tribal have been hardly benefited.

Minorities: Being in minority should not be a curse in democracy, yet in a country like ours,
majority pocket the main benefits. Christians have introduced and cultivated science, engineering
and modern education but are becoming subject to persecution on day to day basis in the name
of conversion. Jains, Sikhs and Buddhists have not been given status of being separate religious
groups, this shows the plight of minorities. Muslims and Dalit Christians are worst sufferers and
hence priority should be given to ensure health, education and jobs to them. Muslims are very
small in Government jobs and police and they should be ensured participation according to their
population in such areas. During communal riots, they do not face the wrath of majority only but
also of police and paramilitary forces; therefore it is must to ensure reservation in police and
paramilitary forces.

Backward Castes: Backward castes population is more than any other group but they are a most
divided lot. The recommendations of Mandal Commission were implemented because of Dalit
struggle but divided and unaware backwards could not even use the benefits. Thus the saga of
most backwards castes is really deplorable. A fresh look is needed to ensure the benefits to them
of reservation and other safeguards.19
14
 CHAPTER – 3
Role of judiciary as a dispenser of social justice

Although the Concept of Social Justice has no definite and fixed meaning – The Supreme Court
in D.S. Nakara v. Union of India.20 A has 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 and
rectifying the in justice resulting from dealings or transactions between the unequal in society.
Social Justice, therefore, comprehends more than lessening of inequalities by differential fixation,
giving debt relief or regulation of contractual relations; it also means the restoration of properties
to those who have been deprived of them by unconscionable bargains; it may also take from of
forced redistribution of wealth as a means of achieving a fair division of material resources among
the member of the society. 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.21

In Calcutta Electrical Construction Company Ltd, v. J.C. Bose case22, The Supreme Court held
that right to social justice is a fundamental right. In Consumer and Education Research Centre
case, 3 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 India23 The 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. Jurisprudence is the eye of law giving an insight into
the environment of which it is the expression. It relates the law to the spirit of the time and makes

20
AIR 1983 SC 130
21
Andhra Law Times Journal 2002, P-11
22
AIR 1992 SC 573 585
23
AIR 1995 SC 922
15
it richer. Law is the ultimate aim of every civilized society as a key system in a given era, to meet
the needs and demands of its time. Justice, according to law, comprehends social urge and
commitment. 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. The concept 'social justice'
which the Constitution of India engrafted, consists of diverse principle essential for the orderly
growth and development of personality of every citizen. "Social justice" is thus an integral part
of "justice" in generic sense. Justice is the genus, of which social justice is one of its species.
Social justice is dynamic devise to mitigate the sufferings of the poor, weak, Dalit, Tribal’s and
deprived sections of the society and to elevate them to the level of equality to live a life with
dignity of person. Social justice is not a simple or single idea of a society but is an essential part
of complex of social change to relieve the poor etc. from handicaps, penury to ward off distress,
and to make their life livable, for greater good of the society at large. In other words, the aim of
social justice is to attain substantial degree of social, economic and political equality, which is
the legitimate expectation. Social security, just and humane conditions of work and leisure to
workman are part of his meaningful right to life and to achieve self-expression of his personality
and to enjoy the life with dignity, the State should provide facilities and opportunities to them to
reach at least minimum standard of health, economic security and civilized living while sharing
according to the capacity, social and cultural heritage." Air India Statutory Corporation and other
v. United Labour Union24 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 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. Rule of law, therefore, is a potent instrument of social justice to bring about equality in
results. It was accordingly held that right to social justice and right to health are Fundamental
Rights In Olga Telis v. Bombay Municipal Corporation25 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

24
AIR 1997 SCC 377
25
AIR 1885 SC 180
16
justice so demanded. Abolition of bonded labour is undoubtedly an important achievement in
terms of social justice. It was an urgent heed of time as otherwise all the achievements made
would have proved to be meaningless in terms of protection of human rights under Article. 23(1)
of the Constitution of India. Various forms of forced labour have been prohibited and its
contravention has been declared to be an offence punishable under the law. 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.26

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. From where do the Courts
derive their power or authority to embark on a social-political exercise to resolve a dispute? Do
the judges, trained in law, have the technical competence, experience or expertise to properly
analyze the socialpolitical aspects pertaining to a dispute? Before this aspect is probed, it would
be worthwhile to examine in what manner and so what extent the Indian judiciary has been
influenced by the principles of Social Justice.27
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.28

26
Bandhua mukti morcha v. Union of India AIR 1984 SC 802
27
6 Justice Aniruddh Bose "Social Justice and the Constitution Role of Judiciary as an Interpreter of Law &
Dispenser of Justice ‘Maya Deep, pg. 8 (2007)
28
Ibid
17
 CHAPTER -4
CONCLUSION

In spite of the tremendous progress in almost all of the area especially in economy, science and
technology, infrastructure development, the gap between poor and rich is being increased day
by day. In India, courts have performed a great role to make the social justice successful. In
the field of distributive justice, legislature and judiciary both are playing great role but courts
are playing more powerful role to deliver compensatory or corrective justice but these
principles are known as mutually relatives not mutually opposites. Ideals and goals are to
deliver social justice. "In keeping silent about evil, in burying it so deep within us that
no sign of it appears on the surface, we are implanting it, and it will rise up a thousand fold in
the future. When we neither punish nor reproach evil doers, we are not simply protecting their
trivial old age,we are thereby ripping the foundation of Justice from beneath new generations.”
Access of justice still continues to be a challenge for many, due to wide geographical area and
such diversity. Since legal representation is costly and out of reach for the disadvantaged, the
need for legal aid arises.

The Constitution of India articulates the significance of broadly accessible legal aid. Under
Article 39A of the Constitution of India Part V [the Directive Principles of State Policy] inserted
by the Constitution (42nd Amendment) Act 1976, the State is committed to securing that “the
operation of the legal system promotes justice on a basis of equality” and providing free legal
aid “to ensure that opportunities for securing justice are not denied to any citizen by reason of
economic or other disability.” The object of this provision is to promote equality so that no
citizen is denied the right to seek justice because of economic incapacity to bear the cost of legal
aid.
The Right to free legal- aid along with the right to speedy trial have been recognized as being
part of the Right to Life and Personal Liberty under Article 21 of the Constitution.

Also there are certain challenges faced by the institutions meant for the provision of the legal
aid and services like, when applications for legal representation are made under the Act, a
lawyer is assigned to each applicant who fulfils the given criteria- in theory an ideal system,
but in practice doubts persists over its efficacy, in particular the quality of legal service offered.
At time Lok Adalats meant for the speedy trials to help people who have been facing the cases
for years are criticized for being too informal.
Despite of its drawbacks this Right is very essential as it gives a sense of equality in the eye
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of law to all irrespective of their status.

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 REFRENCES

· S. R. Myneni, Political Science, Allahabad Law Publication, Faridabad, 207 (2008)
· Merriam Webster, Meaning of the term Social Justice, (Aug 28, 2019, 10:20 PM),
https://www.merriam-webster.com/dictionary/social%20justice
· SL Dhani, Dr BR Ambedkar: Man of Millennium for Social Justice, 02-03, (Kalpaz, Delhi,
2007)
· Mohit Sharma, Constitution of India and Social Justice, 2 IJSDR, 285 (2017)
· Rajat Prakash, Concept of Social Justice, SSRN, (2015)
· Dorothe Anthony, Rethinking economic policy for social justice: the radical potential of
human rights, 24 Australian Journal of Human Rights, 351-353, (2018)
· Ministry of Social Justice and Empowerment, Department of Social Justice and
Empowerment, Government of India,
http://socialjustice.nic.in/UserView/index?mid=31548, (20th Aug. 2019)
· Justice Aniruddh Bose "Social Justice and the Constitution Role of Judiciary as an
Interpreter of Law & Dispenser of Justice ‘Maya Deep, pg. 8 (2007)

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