INRTODUCTION:
According to Plato, JUSTICE is about harmony and balance. As the saying goes, “one person’s right, another person’s duty,” justice is about exercising one’s own rights while respecting those of others. It is a notion that describes how individuals should behave so as to be impartial, equal, and fair to every individual.
The history of civilization and society predates the concept of justice. Justice is a necessary component of any lawful society. Justice is one of a country’s most vital pillars. Justice is an integral part of a lawful society.
JUSTICE:
The fundamental belief that justice is equivalent to the concepts of equal rights and opportunities and receiving fair treatment is most commonly associated with the concept of justice. Justice is the attribute that guarantees that no one is harmed or violated and that everyone is credited with what is rightfully theirs. The Latin word “JUSTITIA,” which denotes equity or righteousness, is where the word “justice” originated. It also comes from the French word “JOSTISE,” which denotes justice, equity, integrity, and the administration of the law. The right application of the law, as opposed to arbitrariness, is justice. Society cannot achieve justice unless laws are correctly interpreted and put into practice.
As said, for justice to prevail in any society, the law must be applied and implemented correctly. The Constitution is the supreme law of our nation and it was drafted with justice as a top priority because its authors recognized the value of establishing justice in a country.
JUSTICE UNDER THE CONSTITUTION OF INDIA:
“We the people of India, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;…”
These are the opening lines of the Preamble of The Constitution of India. The preamble its secures us justice in social, economic and political manner.
An act’s preamble outlines the primary goals that the legislation is meant to accomplish. It is as Sir Alladi Krishnaswami said “What we had thought or dreamt for so long”. It represents all of the goals and aspirations that the country has for itself.
In Kesavanand Bharti’s case, Supreme Court overruled the judgement in re Berubari’s case and held that the Preamble is the part of Indian Constitution. It has all the importance as attached to the Constitution itself.
The concept of justice expressed in the preamble of the Indian constitution is also reflected in Articles 14, 15, 16, and 17. Part III of the constitution, which grants every citizen fundamental rights, incorporates all of these articles.
The Indian constitution contains provisions pertaining to “Equal Justice and Free Legal Aid” in article 39A which grant every citizen the right to receive pro bono legal assistance from court officers. Free legal aid cannot be refused to anyone. The State has an obligation to guarantee that the legal system operates on the principles of justice, equal opportunity, and free legal assistance in order to guarantee that no citizen is denied the opportunity to obtain justice because of financial or other limitations.
The idea of distributive justice is one of the key conceptions of justice that the constitution upholds. Distributive justice refers to the equitable allocation of resources among individuals who are in need of it. The Indian Constitution’s Articles 38 and 39 provide descriptions of this.
As stated under the preamble of the Constitution, three kinds of justice are ensured by the Indian Constitution: social, economic and political.
SOCIAL JUSTICE:
Social equality is the foundation upon which the concept of social justice is built. Only in a society free from the practice of men abusing other men can social justice be upheld. Social justice is the absence of discrimination on the basis of caste, gender, or race and the provision of equal social opportunities for each person’s personal growth. These differences shouldn’t prevent anyone from having access to the social circumstances required for their development.
Social justice entails treating the unequal equally and maximizing the good for a greater number of people. According to the ruling in the Kesavananda Bharati case, the supreme court held that social justice if a component of Indian Constitution’s basic framework. The Indian Supreme Court ruled in the case of S.R. Bommai v. Union of India that social justice and judicial review are two fundamental aspects of the constitution.
ECONOMIC JUSTICE:
To achieve economic justice, one must ensure economic equality, opportunity, and removal of financial barriers. It is consistently carried out under the guidelines of social justice. The Indian constitution envisions socio-economic justice as included under the Directive principles of state policy. Economic justice is in some ways a component of social justice itself. Any person’s lack of opportunities shouldn’t be attributed to his or her financial situation.
The goal of economic justice is to end poverty by increasing the nation’s wealth and resources and allocating them equally to all those who contribute to its creation. All members of society should have equal access to the economy in order to achieve economic justice. Individuals shouldn’t be treated differently depending on their financial situation. Nobody should be denied a chance because of their financial situation.
POLITICAL JUSTICE:
Political justice refers to a system in which political arbitrary decision-making is absent. The government ought to conduct itself in a politically just manner. No one should be given preferential treatment or special treatment based on their political status; everyone should be treated equally. All laws should be applied equally, regardless of a person’s political affiliation.
All citizens are entitled to equal political rights under political justice, including the ability to vote, run for office, and hold public office.
The third chapter’s discussion of fundamental rights touches on some of the fundamental freedoms that each and every person has as a citizen of a free country. It attempts to make sure that the minimal requirements for living in a society that accords dignity and respect are not compromised.
CONCLUSION
In conclusion, the enforcement of the law serves as a catalyst for the advancement of national politics. To strengthen democracy, we need better justice administration. Without all forms of justice, no society can become constitutional; the authors of our constitution took this into consideration when drafting the preamble and sections III and IV of the Indian Constitution. Collaboration between the three branches of government is essential to creating a system built on a justifiable strategy.
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Very helpful and easy to understand