THE PREAMBLE & THE CONCEPT OF JUSTICE

CONCEPT OF JUSTICE IN INDIA

In India from the very old period itself Justice was followed and it was even considered to be the
very embodiment of God itself where its sole mission was to uphold justice, truth and
righteousness. Vedas also demonstrated its deep commitment towards justice. Manu,
Yajnavakya etc also shed light on the nature and quality of justice which was followed in the
ancient India. With the advent of the Britishers, they followed the status qou and didn't go for

much alteration to the laws enacted by Hindus and Muslims.

The concept of ‘Justice’ can be regarded as a prodigious concept imbibed in our Constitution
which owes its genesis to the soil of India. The earliest narrative relating to the Vedic Age
speaks of “रित”् (Rit) which is a cosmological principle equated with justice which not only
governed nature but also the ethical human conduct. To follow “रित” ् (Rit) was to act in

accordance with justice or the natural law. It was only after the coming in of the Upanishads that

the concept of “कर्म” (Karma) that justice became the consequence of an action . The idea of this
concept was that it is only good deeds that are rewarded and those that are bad are shunned
whether in one’s own life or in the next life . However, during the later centuries justice came to

be defined as “धर्म” (Dharma) and played a significant role in the social and political order . Due
to the prevailing form of Kingship, it became the duty of the King to do justice and thus in turn
do “धर्म” (Dharma) to his subjects. This also became a levelling tool to protect the subjects from
the tyranny of the rulers which existed before the coming in of this idea that justice and dharma
could be equated.
 JUSTICE IN INDIAN CONSTITUTION
The term “justice” is found only in a few places in the entire Constitution namely the Preamble,
Article 38, Article 39A & Article 142 . On one hand Article 38 aims at promoting a social order

in which justice viz. social, economic and political shall inform all the institutions of the nation

as has been enshrined in the Preamble. On the other hand Article 39 A aims at 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.3 Furthermore, connecting Article 38 to that of Article 142 it acts as an
enabling provision which gives power to the Apex Court to pass any order or decree with the aim
of doing complete justice in any cause or any matter pending before it . However, these

provisions per se do not give a clear idea as to what the meaning of justice is . The absence of any
clear explanation to the term “justice” in the Constitution leaves no options for the scholars but
to delve into diverse theories of “justice” and through interpretations of such theories one needs
to find out how far the Constitution reflects such theories and ideas of “justice”.

Indian Constitution talks about ‘equality before Law’ and ‘Right to live with dignity’ under
Articles 14 & 21 respectively, which are soul of Governance of Constitution; Constitution
prevails because it gives identity to its people. Identity in society is everything for Justice; we

claim for our identity not merely for justice.

Many philosophers had provided different notions of Justice . Indian Constitution cannot be said
to be based on one theory, rather, it is a resultant phenomenon of all the jurisprudential theories,
which calls for realistic efforts for the social, individual, legal, economic and over all
development.
 THE PREAMBLE & THE CONCEPT OF JUSTICE
The Preamble to the Constitution of India declares as follows:-

“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;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all FRATERNITY assuring the dignity of the individual and the
unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HERE BY

ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.