JUSTICE IN PREABLE:
Plato opined that justice was something internal, justice exists in the individual and in the state .
Justice was the bond which held a society together . It provides a pleasant union of individuals in
accordance with one's natural fitness and training . Justice was both a public and private virtue
because it conserves the highest good both of the state (polis) and the members, each of whom
has found his life work in accordance with his natural fitness and his training.
Social Justice:
In contemporary times a large number of scholars use prefer to describe the concept of Justice as
Social Justice. Social Justice is taken to mean that all the people in a society are to be equal and
there is be no discrimination on the basis of religion, caste, creed, colour, sex or status .
However, various scholars explain the concept of Social Justice in different ways . Some hold
that social justice is to allot to each individual his or her due share in the social sphere .
According to some others, distribution of social facilities and rights on the basis of law and
justice constitutes social justice.
Economic justice:
Economic justice demands that all citizens should have adequate opportunities to earn their
livelihood and get fair wages as can enable they to satisfy their basic needs and help them to
develop further. The state should provide them economic security during illness, old age and in
the event of a disability.
No person or group or class should be in a position to exploit others, nor get exploited . There
should be fair and equitable distribution of wealth and resources among all the people . The gap
between the rich and the poor should not be glaring . The fruits of prosperity must reach all the
people.
There are present several different views regarding the meaning of economic justice . The liberals
consider open competition as just and they support private property . On the other hand, the
socialists seek to establish complete control of society upon the entire economic system .They
oppose private property. Whatever be the ideology or the system, one thing is clear and that is
that all citizens must be provided with basis necessities of life.All citizens must have their basis
needs of life fulfilled (Food, clothing, shelter, education, health and so on.)
Political Justice:
Political justice means giving equal political rights and opportunities to all citizens to take part in
the administration of the country. Citizens should have the right to vote without any
discrimination on the basis of religion, colour, caste, creed, sex, birth or status . Every citizen
should have an equal right to vote and to contest elections.
Legal justice has two dimensions-the formulation of just laws and then to do justice according to
the laws. While making laws, the will of the rulers is not to be imposed upon the ruled . Laws
should be based on public opinion and public needs . Social values, morality, conventions, the
idea of just and unjust must be always kept in view.
Salmond says, the legal procedure has to be simple, quick, fair, inexpensive and efficient . There
should be effective machinery for preventing unlawful actions . The aim of law is the
establishment of what is legitimate; provide legal security, and prevention of unjust actions
Fundamental Rights
Part-III of the Constitution guarantees the Fundamental Rights. While, Articles 15, 16 & 19 are
exclusively made available to the citizens, enforcement of other rights ancillary therein could
also be claimed by non-citizens. It’s solely the ideals of equality, liberty and dignity of
individuals which form the core of Fundamental Rights.
Dr. B.R. Ambedkar while making an address before the Drafting Committee of the Constituent
Assembly stated that Article 32 is the most important article & that it is “the very soul of the
Constitution and very heart of it .6”This has been reiterated time and again in various
pronouncements of the Judiciary from time to time by the Apex Court to emphasize the unique
significance attributed to Article 32 in our Constitutional Scheme.
There are several other vibrant pronouncements which speak of the heart and soul of the Indian
Constitution. A recent pronouncement by the Apex Court regarded Article 21 as the heart and
soul of the Indian Constitution.8 Again in yet another case, the Apex Court regarded the
Preamble & Articles 14-21 the heart and soul of the Constitution . Further in Coelho’s case it
was the Fundamental Rights which were regarded as the heart and soul of the Constitution.
Lastly, referring to Tukaram Kana Joshi’s case it regarded that the Doctrine of Equality is the
soul of our Constitution . Hence, one can say that there is no hard and fast idea as to what heart
and soul of the Constitution is and it has been time and again decided differently interpreted by
the Apex Court based on the facts and circumstances that have arisen in each of these cases.
Aristotle’s Theory in Fundamrntal rights:
