The idea of justice in the Preamble is comprehensive, encompassing social, economic, and political justice. It reflects the commitment of the Indian state to ensure fairness and equality in all aspects of life for its citizens. Since the dawn of human civilization, the concept of justice has been central. These are secured through various provisions of Fundamental Rights and Directive Principles. In this article the term Justice is described in detail, which is important for UPSC Syllabus.

Justice In Indian Context

• The mentioning of ‘justice’ in the preamble intends not only to create an environment in which social, economic and political justice is assured but also to work positively against any form of discrimination existing in the society based on caste, community race, religion or otherwise.
• The ideal of justice – social, economic and political - was adopted from the Russian Revolution.
• Justice has been developed as a result of different points of view.
• The Indian concept of justice was spread by ancient Indian philosophers like Manu and Kautilya.

Justice under Indian Constitution

• In the preamble of the Indian Constitution, the idea of justice is firmly established. The Indian Constitution's drafters made sure that justice was included because they understood the importance of establishing justice in a nation.
• The idea of justice enshrined in the preamble of the Indian constitution is also reflected in Articles 14, 15, 16, and 17.
• All of these articles are included in the third section of the constitution, which guarantees each citizen certain fundamental rights.
• Article 39A of the Indian constitution contains provisions relating to "Equal Justice and Free Legal Aid."
• Indian Constitution explains 3 types of justice:-
  • Social Justice
  • Economic Justice
  • Political justice

Social Justice

• Social justice denotes equal treatment of all citizens without any distinction based on caste, colour, race, religion, sex and so on.
• It means the absence of privileges to any section of the society and at the same time making provisions for the improvement of backward sections (SCs, STs and OBCs) and women.
• Due to these differences, no person should be denied the social opportunities required for development.
• The practice of social equality serves as the foundation for the idea of social justice. In other words, it is advocating equality along with equity.
• The Supreme Court of India declared social justice and judicial review to be two fundamental elements of the Indian constitution in the case of S.R. Bommai v. Union of India.

Economic Justice

• Economic justice denotes non-discrimination between people based on economic factors. It entails the abolition of glaring wealth, income, and property disparities.
• Everyone should be compensated equally for equal work, and everyone should have the opportunity to earn a living.
• Individuals shouldn't be treated differently based on their economic status. No one should be denied a chance because of their financial situation.
• Any person's lack of opportunities should not be determined by their economic situation.
• Economic justice is the elimination of poverty through the augmentation of national wealth and resources and the equitable distribution of this wealth among all participants in its creation.

Political Justice

• Political justice is that everyone has an equal, free, and fair opportunity to engage in politics without prejudice.
• It means that everyone has equal access to political offices and equal involvement in government processes.
• The government's operations ought to be fair from a political perspective. Any person should be treated equally regardless of their political standing and should not receive any benefits.
• Regardless of a person's political affiliation, every law should apply to them equally.

Relationship between Social, Economic and Political Justice

• Distributive justice, which refers to eliminating economic inequalities and redressing injustice brought on by dealing or transactions between unequal in society, is implied by the phrase "Social and Economic Justice."
• Economic justice reduces income inequality and poverty, which are key components of social justice. It ensures that economic resources are used to provide social services and infrastructure, thereby enhancing the quality of life for all.
• Economic justice enables broader political participation by reducing barriers related to financial insecurity.
• Political justice empowers communities by giving them a political voice and the means to advocate for their social rights.
• Political justice promotes fair economic policies and regulations that prevent exploitation and ensure equitable economic opportunities.
• Social, economic, and political justice create a feedback loop where improvements in one area lead to advancements in the others.

Role of Judiciary

• Judiciary serves as the guardian of fundamental rights and the protector of civil rights.
• It is crucial to the execution of the three different types of justice guaranteed by the Indian Constitution.
• The judiciary has been crucial in establishing justice in the nation and making the idea of justice stated in the preamble a reality.
• In this regard, the judiciary's approach has been progressive, and it has demonstrated through its decisions that justice is a necessary component of a developed and law-abiding society.
• The court has upheld the idea of social justice in cases like Maneka Gandhi v. UOI (right of liberty).

Significance Of The Term Justice In The Preamble

• Article 14 of the Indian constitution provides for the Right to Equality as the Fundamental Right where every citizen has to be treated equally and everyone is equal before the law.
• Article 15(4) and 16(4) enable the state to make provisions for the development of SC/STs and achieve social justice.
• The Progressive Nature of the Indian Income Tax law and the tax rates tries to reduce the levels of inequalities and achieve economic justice.
• Indian Constitution provides for universal adult suffrage and equal value for each vote reiterating political justice.

Recent News

Technology could make justice delivery efficient and affordable

• Given the high pendency and length of time required for dispute resolution, measures must be taken to ensure that everyone has access to justice during the post-pandemic phase.
• Technology intervention and a three-tiered strategy that prioritises dispute avoidance, dispute containment, and dispute resolution are essential for efficient justice delivery.
• The courts are laying out a plan for how cases will be resolved in courtrooms, initially using an online method but eventually switching to a hybrid model that combines virtual and in-person hearings.
• Online dispute resolution (ODR) may be effective for low- and medium-value civil dispute avoidance and containment. It has the capacity to prevent disputes before they start.

E-Lok adalats

• The Supreme Court's efforts in converting to an online format have been exceptional, far outpacing the number of online hearings held in other jurisdictions around the world.
• The Court has also made e-filing available and helped build a hearing access infrastructure around the district courts in New Delhi for attorneys and litigants.
• It is safe to say that the court system is undergoing impressive efforts to incorporate technology.
• For the adoption of e-Lok Adalats, pilot projects have also been conducted with the Lok Adalat mechanism.

Conclusion

The relationship between social, economic, and political justice is symbiotic and integral to the creation of a fair and just society. Efforts to enhance one form of justice should consider their impacts on the others, recognizing that true justice is achieved when all three dimensions are addressed together.

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