National Seminar

On
BabaSaheb Bhimrao Ambedkar and Social Justice

Sub-Theme
Concept of Social Justice under Indian
Constitution

Title of Paper
Social Justice under Constitution of India: An Analysis

Authors
Ms. Medha Bhatt
Affiliation: Student- B.A; LL.B (H) Amity Law School, Amity
University Uttar Pradesh, Lucknow Campus, Lucknow-226028 (U.P.)
Email: mini.medha92@gmail.com
Mobile: +91-8004969486

&
Ms. Aparajita Kumari
Affiliation: Student- B.A; LL.B (H) Amity Law School, Amity
University Uttar Pradesh, Lucknow Campus, Lucknow-226028 (U.P.)
Email: aparajitaktr@gmail.com
Mobile: +91-9455030646

National Seminar
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BabaSaheb Bhimrao Ambedkar and Social Justice

Concept of Social Justice under Indian

Constitution
Title of Paper
Social Justice under Constitution of India: An Analysis
ABSTRACT

Social Justice is a revolutionary notion which provides meaning and significance to life and
makes the rule of law dynamic in other words it is mainly based on the idea that all human
beings are equal in the society. The notion of basic human needs involves drawing a list of
foundational needs of both, physiological and social. The term social justice implies a
political and cultural stability of the varied interests in society. Social justice is a principle
that lays down the foundation of a society based on equality, liberty and fraternity. The basic
aim and objective of society is the growth of individual and development of his personality.
Constitution of India lays down the framework defining fundamental political principles,
establishes the construction, procedures, powers, and duties of government institutions, and
sets out fundamental rights, directive principles, and the duties of citizens. It has provided a
large scope for the concept of social justice. The objective of the paper is to identify the
concept of social justice in Indian constitution and to present the major elements of Indian
constitution which give importance to social justice. On the other hand, there is still a
lengthy way to be travelled before it can be assumed that the State which the creators of the
constitution wanted to create has been successful in accomplishing their hopes.

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BabaSaheb Bhimrao Ambedkar and Social Justice

INTRODUCTION: MEANING AND DEFINITION

The challenge of social justice is to evoke a sense of community that we need to make our
nation a better place, just as we make it a safer place.1
-Marian Wright Edelman
The notion of social justice, like law, varies. It evolves itself into gradually new patterns and
expands its frontiers and presumes new proportions. Social justice has implications in the
milieu of Indian society which is divided into Castes and Communities and they generate
walls and barriers of exclusiveness on the basis of pre-eminence and inferiority such
inequalities pretence serious threat to Indian democracy. The concept of social justice takes
within its sweep the objective of removing inequalities and affording equal opportunities to
all citizens in social, economic and political affairs.
Social justice being a multi-dimensional concept has been viewed by scholars of law,
philosophy and political science differently. The term social justice is quite comprehensive.
Social justice is a bundle of rights, it is balancing wheel between haves and have nots. It is a
great social value in providing a stable society and in securing the unity of the country. In
general, Social justice may be defined as the right of the weak, aged, destitute, poor,
women, children and other under-privileged persons.
According to DIAS, justice is not something which can be captured in a formula once or for
all, it is a process, complex and shifting balance between many factors 2. The tasks of justice
are the just allocation of advantages and disadvantages, preventing the abuse of power,
preventing the abuse of liberty the just decision of disputes and adapting to change3
According to John Rawls, the concept of social justice is all social primary goods-liberty
and opportunity, income and wealth, and the basis of self respect are to be distributed equally

1 http://www.brainyquote.com/quotes/keywords/social_justice.html#0oO1ystjPTz8gVcV.99
2 Surendrasingh Dr. Ambedkar Contribution to Social Justice Edt. By Prof. M. Shabbir, Rawat pub.
Jaypur, 2005, P.78.
3 Surendrasingh Dr. Ambedkar Contribution to Social Justice Edt. By Prof. M. Shabbir, Rawat pub.
Jaypur, 2005, P.79.

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BabaSaheb Bhimrao Ambedkar and Social Justice

unless an unequal distribution of any or all of these goods is to the advantage of the least
favoured4

Justice Krishna Iyar a former judge of the supreme court of India says, Social justice is not
cant but conscience, not verbal borrowing from like documents but the social force of the
supreme law. Social justice is people oriented; legal justice is canalized, controlled and
conferred by law5. Social justice is the product of social injustice and seeks to remove social
and economic inequalities and ensure equality of status, equality of opportunity. Social justice
of today becomes the legal justice of tomorrow.
The Supreme Court has explained the concept of social justice i.e. 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 persons are
crook stones of social democracy. The concept of social justice which the Constitution of
India engrafted consists of miscellaneous principles indispensable for the orderly growth and
development personality of every citizen. Social justice is thus an integral part of justice in
the broader sense. Justice is a genus of which social justice is one of its species. Social justice
is a dynamic device to mitigate the suffering of the poor, weak, dalits, Tribes and deprived
sections of the society6.

SOCIAL JUSTICE AND INDIAN CONSTITUTION

Dr. Bhimrao Ramji Ambedkar is generally regarded as the father of the Indian Constitution.
He can be considered as the man of millennium for social justice, in view of the fact that he
was the first man in history to successfully lead a harangue of securing social justice to the
4 John Rawls Theory of Justice Universal Law Pub. Delhi, 2002, P.44.
5 Krishna Iyar B.R. Ambedkar Centenary, Social Justice and the Undone vast Justice B.R Pub.
Delhi, 1991, P.141.
6 Merunandan K.B, Naveed Ahemed, An Introduction to the Constitution of India Merugu Pub.
Bangalore, 2006, P.226.

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vast sections of Indian humanity, with the help of a law. He had strong passion to attain social
justice among the Indian Communities and for this purpose he began his career.
The constitution makers were greatly influenced by the feeling of social equality and social
justice. So, they included such provisions in the constitution of India. The words, Socialist,
secular, democratic and republic have been added in the preamble. It confirms India as
a social welfare state. The term socialist was deliberately introduced in the Preamble.7
Granville Austin says, Indian Constitution is first and foremost a social document. 8 its
founding fathers and mothers established in the Constitution both the nation's ideals and the
institutions and processes for achieving them. The ideals were national unity and integrity
and a democratic and equitable society.
Unity, social revolution, and democracy, were goals, which were mutually dependent and had
to be sought together and not separately. The Preamble to the Constitution, which is based on
the objectives resolution of Pundit Jawaharlal Nehru,9 asserts that 'We the people' of India,
through this Constitution, aim at establishing a Sovereign, Socialist, Secular, Democratic,
Republic of India and to secure to all its citizens, justice-social, economic and political. For
this purpose, the Constitution has put across certain fundamental policy choices in the
Constitution, in the form of Part III and IV. The Constitution, in Part III, in no unmistakable
terms, declares the great rights and freedom, which the people of India intended to secure to
all citizens,10 and in certain occasions to both citizens and non-citizens, 11 casting a heavy duty
upon the State not to violate these Rights.12
7 The 42nd Constitutional (Amendment) Act, 1976.
8 Austin, Granville, Indian Constitution, the Cornerstone of a Nation (NewDelhi, Oxford University Press),
2007, p.50.

9 Constituent Assembly Debates, Vol.I. [New Delhi, Parliament Secretariat], P.57. Also see, Rao, B. Shiva (Ed).
The Framing of India's Constitution, Select Documents, 2. [Delhi,Universal Law Publishing Co. Pvt. Ltd.],
2006, p.3-4.

10 Kesavananda Bharti vs. State of Kerala (1973) 4 SCC 225 (424).

11 Constitution of India: Article 21
12 Constitution of India: Article 13.

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The Supreme Court in D. S. Nakara vs. Union of India case,

13

has said that the principal aim

of a socialist state is to eliminate inequality in income, status and standards of life. The basic
outline of socialism is to provide a proper standard of life to the people, mainly, security from
cradle to grave. It foresees economic equality and equitable distribution of income. This is a
combination of the thoughts of Marx and Gandhi, inclining profoundly on Gandhian
socialism. It is a long march to a vibrant, throbbing socialist welfare society from an entirely
feudal exploited slave society. During this journey, every action of the state, must be so
directed and interpreted as to take the society towards the goal. The Supreme Court, in Excel
Wear vs. Union of India case,14 stated that the addition of the word 'socialist' might allow the
courts to learn more in favour of nationalisation and state ownership of an industry. But, so
long as private ownership of industries is recognised which governs an overpowering large
principles of socialism and social justice cannot be pressed on to such an extent so as to
overlook completely, or to a very large extent, the interest of another section of the public,
namely the private owners of the enterprise.
In the Preamble, the term 'justice' embraces three different forms: social, economic and
political, secured through different provisions of Fundamental Rights and Directive
Principles. Social justice indicates the equal treatment of all citizens without any social
distinction based on caste, colour, race, religion, sex etc. It is the 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.
Economic justice indicate on the non- discrimination between people on the basis of
economic factors. It involves the removal of clear inequalities in wealth, income and
property. A combination of social justice and economic justice indicates what is known as
'distributive justice'. Political justice implies that all citizens should have equal political
rights, equal voice in the government. The term 'equality' suggests the absence of special
privileges to any section of the society, and provision of adequate opportunities for all
individuals without any discrimination. The Preamble assures equality of status and
opportunity to all the citizens of India. This provision covers three dimensions of equalitycivic, political and economic.15
13 (1983) 1 SCC 305
14 AIR 1979 SC 25
15 Laxmikanath, M., Indian polity (2008) p. 29

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A. Fundamental Rights
The Supreme Court in Sadhuram V. Pullin Behari. observed that social justice is one of the
aspirations of the Indian Constitution. In view of securing to all its citizens social justice our
Constitution provides some Fundamental rights in Part III some of which are available to all
persons and some are enjoyable only by the citizens of India. They are (i) Equality before law (Art 14)
(ii) Prohibition of discrimination on ground of religion, race, caste, sex or place of birth (Art
15)
(iii) Equality of opportunity in matters of public employment (Art 16)
(iv) Abolition of Untouchabiiity (Art 17)
(v) Abolition of titles (Art 18)
(vi) Protection of certain rights regarding freedom of speech etc. (Art 19)
(vii) Protection of life and personal liberty (Art 21)
(viii) Protection in respect of conviction for offenses (Art 20)
(ix) Protection against arrest and detention in certain cases(Art 22)
(x) Protection of traffic in human beings and forced labour (Art 23)
(xi) Prohibition of employment of children in factories or mines or in any other hazardous
employment (Art 24)
(xii) Freedom of Religion (Art 25 - 28)
(xiii) Protection of interests of minorities (Art 29-30)
(xiv) Judicial remedies for enforcement of rights conferred by this Part - III of the
Constitution
(Art 32).
B. Directive Principles of State Policy
To realize the goal of social justice our constitution also provides some directives to the State
in the form of Directive Principles of State Policy (Articles 39-50) and lays down that the
state shall direct its policy towards securing these objectives. The most important of these
directives are (i) Promotion of welfare of the people (Art 38)
(ii) Adequate means of livelihood; equal distribution of material resources of the community;
distribution of means of production to the common good equal pay for equal work; promotion
of health and strength of workers, men and women and the children : Protection against
exploitation of child hood and youth (Art 39)

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(iii) Equal justice and free legal aid (Art 39A)

(iv) Right to work, education and to public assistance in certain cases (Art 41)
(v) Just and human conditions of work and maternity relief (Art 43)
(vi) Living wages for workers (Art 44)
(vii) Uniform civil code (Art 44)
(viii) Free and compulsory primary education for children (Art45)
Article 38 of the Constitution enjoins the State to strive to promote the welfare of the people
by securing and protecting, as effectively as it may, the social order in which justice- social,
economic, and political- shall inform all the institutions of the national life striving to
minimize inequalities in income and endeavour to eliminate inequalities in status, facilities,
opportunities amongst individuals and groups of people residing in different areas or engaged
in different avocation.16 Read wit Article 39A, Social Justice would 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 section of the people irrespective of
their social or economic position or their financial resources. 17 In Short, the doctrine of
equality embodied in Article 14 to 18 has to be understood in the light of social justice
assured by Articles 38, 39, 39A, 41 and 46 of Part IV of the Constitution.18
In State of Bihar v. Kameshwar Sing19 Court held that the ideal we have set before us in Art.
38 is to evolve a State which must constantly strive to promote the welfare of the people by
securing and making as effectively as it may be, a social, economic and political justice shall
inform all the institutions of the national life.
Concept of social justice consists of diverse principles essential for orderly growth and
development of personality of every citizen. It is a dynamic device to mitigate the suffering
of the poor, weak, dalits, tribal and deprived section of people.20
16 Air India Statutory Corpn. V. United Labour Union (1997) 9 SCC 377.
17 Babu Ram L. v. Raghunathji Maharaj, AIR 1976 SC 1734 (para 1): (1976) 3 SCC 492.
18 Indra Shwhney v Union of India, AIR 1993 SC 1734 (Para 4) : 1992 Supp. (3) SCC 217.
19 AIR 1952 SC 252
20 Consumer Education & Research Centre v. U.O.I. AIR 1995 SC 922.

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Again in the case of Air India Statutory Crop. v. United Labour Union21 court observed that
The Preamble and Art 38 of the constitution envision social justice as the arch to ensure life
to be meaningful and livable with human dignity. 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 cornerstones of social
democracy. The concept of social justice which the Constitution of India engrafted consists
of diverse principles essential for the orderly growth and development of personality of every
citizen. Social Justice is thus an integral part of Justice in generic sense.
Therefore, axioms like secularism, democracy, reasonableness, social justice etc. are
overarching principles which provide linking factor for principle of fundamental rights like
Articles 14, 19 and 21. Lastly, constitutionalism is about limits and aspirations. According to
Justice Brennan, interpretation of the Constitution as a written text is concerned with
aspirations and fundamental principles. In his Article titled 'Challenge to the Living
Constitution' by Herman Belz, the author says that the Constitution embodies aspiration to
social justice, brotherhood and human dignity. It is a text which contains fundamental
principles.
The meaning of the expression is also brought out by Article 46, which aims at protecting the
weaker section from Social injustice Provision in this behalf are also made in Article 15(4),
16(4), 19(1)(d)(e), 275,330,335.22
AMBEDKARS NOTION ON SOCIAL JUSTICE
Injustice is everywhere including India. At present one of the contemporary issues is that
injustice and caste discrimination. Ambedkar did a association amongst marginalized
communities. His notion of justice generated was from the French Revolution of 1789.
Ambedkars view of social justice is based on social democracy which consists of three
concept of justice namely liberty, equality and fraternity. Ambedkar addressed in constituent
assembly that the third thing we must do is not to be contended with mere political
democracy. We should make out political democracy a social democracy as well. Political
democracy cannot last unless there lies at the base of tit social democracy. What does social

21 AIR 1997 SC 654

22 Sadhuram Bansal v Pulin Bihari Sarkar, AIR 1984 SC 1471 (Paras 29,70,73): (1984) 3 SCC 410

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democracy mean? It means a way of life, which recognizes liberty, equality and fraternity as
the principles of life.
These principles of liberty, equality and fraternity are not to be treated as separated items in a
trinity. They form a union of trinity in the sense that to divorce one from the other is to defeat
the very purpose of democracy (Larbeer 2003: 64). These principles are fundamental rocks
of Just Society Order and were derivation from France revolution. Raphael admits justice
and liberty are the two basic ideas of all political consideration. Every civilization needs
some genus of concept about that structure. Justice is the necessary notion of social values; it
is what holds a society together (Raphael 1986: 68). His concept of liberty is a
fundamentalism among political and philosophy thought. According to Ambedkar, liberty has
divided into two categories namely Civil Liberty and Political Liberty. Ambedkars notions of
civil liberty deals with three basic opinions are; Liberty of movement, Liberty of speech and
Liberty of action. Civil liberties are frequently formally guaranteed in Indian constitution but
ignored in rehearsal which came from Bill of Rights. Civil right is often used to refer to one
or more of these liberties or indirectly to the compulsion of government to protect dalits from
violations of one or more of their civil liberties.
Hindu Temples persist to be spaces for oppressing and confrontation and remain a major
source of caste clashes in southern district of Tamil Nadu. Dalit are at the receiving and in
issues like enter to temples and rights to participate in festivals and they face stiff opposition
and attack from caste Hindus (The Hindu, June 14, 2009). It highlights that dalit communities
do not have accessing civil rights and they are not allowed inside temples. Dalit have little
access to temples, kids made to sit separately in schools (The Times of India, July 28). The
National Commission for Scheduled Castes in Chandigarh received 3-4 complaints daily. The
Prime Minister Manmohan Singh said that disturbed at reports of continuing atrocities
against Scheduled Castes and Scheduled Tribes (The Hindu, September 8, 2009) which
statements highly admits that SCs does not access civil rights. National Crime Record Bureau
2007 reported that there is an increase of 10.9% in crime against Scheduled Castes as 27070
cases reported in 2006 have increased to 30031 cases in 2007 under various crimes.
The political liberty consists in of the rights of the individual to share in the framing of law
and in the making and unmaking of governments. He believed that liberty is accompanied
with social and economic equality and there must be knowledge (education) made available
to all. These liberties are restricted by old Hindu social system but these are the part of the

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human liberty to crate just social order. (Massey 2005:160). What does fraternity mean?
Ambedkar gives answer is that Fraternity means a sense of common brotherhood of all
Indian, all Indians being one people. It is the principle which gives unity and solidarity to
social life (Jatava 2006:96).
He believed that democracy offers every individual achieve social equality, economic and
political justice guaranteed in the preamble of the constitution. Liberty, equality and fraternity
should be the only alternative to abolition caste society (Rajasekhriah & Jayaraj 1991: 370).
He argued that liberty cannot be divorced from equality; equality cannot be divorced from
fraternity. With equality, liberty would produce would kill individual initiative. Without
fraternity, liberty and equality could not become a natural course of things. It would require a
constable to enforce them. We must begin by acknowledging the fact that there is completes
absence of two things in Indian society. One of these is equality (Larbeer 2003: 64). Political
democracy gives equal rights for everyone which assures legal provision to all. Ambedkar
believed One Man One Value which means the basic need of each person are well satisfied
with freedom and dignify. Uttar Pradesh Chief Minister Mayawati said that on the threshold
of social democracy and social harmony, solidarity and cohesiveness are the trump cards of
success of a society and the country( The Hindu, September 8, 2009). Social and economic
democracies are the tissues and the fiber political democracy. The social and economic
problem of our society seeks to envisage. Whole-heartedly supports the system of
fundamental rights of man in the constitution of free India. According to B.R.Ambedkar,
combine individualism and socialism through the introduction of state socialisms, by means
of the law of the constitution. Liberty retains the modified capitalist system of social
economic, while if gives greater concessions to the poor, the fallen and the weak, under a
parliamentary form of government (Jatava 1997: 209). Ambedkar's concept of State
Socialism is based on following point;
1. State ownership of agricultural and key industries to meet the demands of the poorer strata
of society,
2. Maintenance of productive resources by the state and
3. A just distribution of the common produce among the different people without any
distinction of castes or creed (Jadhav 1991: 986).
Ambedkar believed that all man have value capacities, which can be measured easily by their
coreligionists. Everyone has some value contribution in the civic order, in which he lives.

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Therefore, everyone must have an equal voice or share in the determination of the law of his
land. He demands that the protection of law, equally and ethically, status be accorded to every
member, without any regard to group morally status. State should allow participating in all
democratic institution and be given their legal rights. Ambedkar believed that the rights are
equal and common to all humans. He says that we are demanding equal rights which are the
common possession of the entire humanity but due to inhibitions created by the shastras we
have been denied these human rights(Larbeer 2003: 69). He further says that rights are
protected not by law but the social and moral conscience of society. If social conscience is
such that it is prepared to recognize the rights, which law chooses to enact, rights will be safe
and secure. But if the fundamental rights are opposed by the community, no law, no
parliament, no judiciary can guarantee them in the real sense of the word (Larbeer 2003: 73).
The equality before law is in the main foundation social equality. The political equality lies in
that the poor masses become educated and can make themselves so conscious of their rights
that the governing classes cannot usurp their productive labour values. The economic equality
emphasizes the quality of opportunity. It is a legitimate demand of the present generation,
worth and works. Ambedkar suggested that the state control through the law of constitution is
work consideration; it can provide everyone with full equality of opportunity as one part of
social justice. The state socialism is a worthy proposition, which envisage the placing of
some economic restraints by the state upon the owners of the means of production.

ROLE OF JUDICIARY WITH RESPECT TO SOCIAL JUSTICE

After our independence a significant change has occurred in the role of judicial process in our
society. Judicial activism figures prominently in the contemporary India with active
assistance of social activists and public interest litigators for vindication of the governmental
commitment to welfare and social justice. One of the meanings of judicial activism is that the
function of the court is not merely to interpret the law but to make it imaginatively sharing
the passion of the Constitution for social justice. This judicial activism sharing the passion of
our Constitution for social justice was started since the Maneka Gandhi case in which
fundamental right of personal liberty has been converted into a regime of positive human
rights unknown in previous constitutional diction. Thereafter, gradually the Supreme Court,
particularly some socialist justices tried to explore social justice in our Fundamental Rights
and Directive Principles of State Policy and thus we get an explosion of rights.

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The Supreme Court held in Consumer Education & Research Centre v Union of India 23 that
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 liveable with human dignity. In re The
Kerala Education Bill, 195736, the Supreme Court advocated a harmonious construction of
the Fundamental Rights and the Directive Principles. The Supreme Court speaking through,
Justice O. Chinnappa Reddy ruled in Atam Prakash v State of Haryana and Ors

24

The

Preamble embodies and expresses the hopes and aspirations of the people. The Directive
Principles set out proximate goals. When we go about the task of examining statutes against
the Constitution, it is through these glasses that we must look, 'distant vision' or 'near vision'.
The Constitution being sui generis, where constitutional issues are under consideration,
narrow interpretative rules which may have relevance when legislative enactments are
interpreted maybe misplaced.
Originally the Preamble to the Constitution proclaimed the resolution of the people of India
to constitute India into 'a Sovereign Democratic Republic' and, set forth 'Justice, Liberty,
Equality and Fraternity', the very rights mentioned in the French Declarations of the Rights of
Man as our hopes and aspirations. Art. 23 and Art. 24 mandate that no child below the age of
14 may be employed in any factory or mine or engaged in any other hazardous employment.
These two Articles recently came up for construction before this Court in People's Union for
Democratic Rights v. Union of India25. Article 38 imposes obligation on the State, albeit
unenforceable in a Court of law, to "strive to promote the welfare of the People by securing
and protecting as effectively as it may a social order in which social justice shall inform all
the institutions of the national life"
In the year of 2001 Oriental Insurance Co. Ltd. v Hansrajbai V. Kodala26 the Apex Court
held that "The object is to expeditiously extend social justice to the needy victims of
accidents curtailing delay - If still the question of determining compensation of fault liability
is kept alive, it would result in additional litigation and complications in case claimants fail to
23 [1995] 3 SCC 42
24AIR 1958 SC 956
25 AIR 1982 SC 1473
26 http://indiankanoon.org/doc/190580/ last visited on 16.09.2015

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establish liability of defendants - Wherever the Legislature wanted to provide additional

compensation, it has done so specifically."
The Apex Court in Ashok Kumar Gupta v State of U.P.27, held that the term Social Justice is
a Fundamental Rights. In Ajaib Singh v Sirhind Cooperative Marketing-cum-Processing
Service Society Ltd.28, Court observed that in dealing with industrial dispute the Courts
should keep in mind the Doctrine of Social Justice. Supreme Court in Municipal
Corporation of Delhi v Female Workers (Muster Roll) 29, the provision entitling maternity
leave under the Maternity Benefit Act, 1961, even to women engaged on casual basis or on
muster roll basis on daily wages and not only to those in regular employment are in
consonance with the doctrine of social justice and any contention against it is contrary.
The Supreme Court has firmly ruled in Balbir Kaur v Steel Authority of India 30 that "the
concept of social justice is the yardstick to the justice administration system or the legal
justice and it would be an obligation for the law Courts to apply the law depending upon the
situation in a manner whichever is beneficial for the society" as the respondent Steel
Authority of India was directed to provide compassionate employment to the appellant.

CONCLUSION
From the previous discussion I may conclude that the application of social justice requires a
geographical, sociological, political and cultural framework within which relations between
individuals and groups can be tacit, assessed, and characterized as just or unjust. At the same
time, there is clearly a worldwide dimension to social justice, with humanity as the common
factor. To support the concept of social justice is to argue for a reconciliation of these
priorities within the context of a broader social perspective in which individuals endowed
with rights and freedoms operate within the framework of the duties and responsibilities
attached to living in society. Unless there is justice, liberty is not meaningless, nor would
liberty survive without justice. Justice and liberty would secure equality. Also justice and
27(1997)5 SCC 201 (Para 26)
28 (1999) 6 SCC 82 (Para 5).
29 (2000) 3 SCC 224 (paras 32 and 33) : AIR 2000 SC 1274
30 (2000) 6 SCC 493

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liberty in their interplay would express themselves into equality. Fraternity would be
merely a nightmare or only wishful thinking but for justice, liberty and equality. The
Executive as well as the Legislative limb of our State still failed to show their discernible
concern to evolve a variable legal system which is a sine qua non for achieving social justice.
Therefore there is now a burly need in India to have a co-ordination flanked by the Executive
and judicial organs of the State. Because there is no shortage of social legislation in India.
What is occurrence in the case of most of the social reform Legislations in India seems to this
author that whenever there appears heat on any matters in our society, the legislature passes a
law on it; but after passing of the law for want of implementation the people especially the
masses, never see the light from that heat. So we need to develop a viable judicial system by
changing our existing procedural law and taking necessary steps for proper implementation of
laws including timely filling up of vacancies of the posts of judges in all courts. Law alone or
the court alone cannot bring social justice. The development of delivery system of justice i.e.
the judicial system, is part and parcel of the programme of social justice which depends very
much on correlation and coordination among the three organs on the State because To walk
alone is to work in vain.
Despite the judicial romantics in eighties in India through PIL in the last decade the pursuit of
social justice it may be supposed that the courts cannot do it alone. The performance of
progressive values requires arrival to instrumental thinking and reutilization of institutions
and programmes. But this task cannot be placed under the exclusive option of some
progressive activists? Judges to implement basic values in the society.
Unless the strength of the age inclines toward progressive values, earlier or later those values
will be discarded by the judiciary also and this is apparent in the commencement of nineties.
The judiciary can provide influential impetus to broader policies for social justice as the
connection of courts and other institutions a partnership confining instrumental rationality.
The twenty first century will perhaps. Answer the question whether our society is ready to
reject its present anti institutional episode and put new confidence in institutions for social
justice other than the courts.