SOCIAL JUISTICE AND EQUITY

The constitution of India is the supreme law and lays down a framework for the functioning
of the government and defines the rights of the individuals.

Social Justice is a principle that lays down the foundation of a society based on equality,
liberty and fraternity. Social justice means the availability of equal social opportunities to
every individual in the country.
The basic aim is the growth of an individual and the development of an individual’s
personality.

The Indian Constitution uses the term social justice in a broad manner encompassing
economic and political justice to the individual and seeks for abolition of inequalities and
discrimination in the name of caste, colour, religion, race etc. The preamble in the Indian
Constitution ensures social justice to every individual of the country.

Therefore, social justice can be summarised as:

“Social Justice is the view that everyone deserves equal economic, political and social rights
and opportunities. Social workers aim to open the doors of access and opportunity for
everyone particularly those in greatest need.”

The basic ideals of social justice are:

1) Equal rights
2) Equal opportunities
3) Equal treatment

Instances/Cases in India where social justice was seen:

1) Kesavananda Bharti vs. state of Kerala

2) The State of Mysore vs. The workers of gold mines on 22 May, 1958 had observed that
social and economic justice was delivered in the name of the constitution.

Social justice and equity go hand in hand and we see this social justice through the
fundamental rights of the citizens. Article 14 to 18 of the Indian Constitution is “Right to
Equality” wherein it is stated that every individual who lives within the territory of India
stands equal before the law and has equal protection by the laws. The state does not recognise
any differences between the individuals in terms of caste, religion, sex etc.

It constitutes of 2 parts:

1) Equality before law (Article 14)

2) Equal protection of laws

They may sound similar but they aren’t. Equality before law basically means that all persons
should be treated equally irrespective of their class, caste, skin etc. The state cannot provide
any special privileges to anyone in the country. It is known as legal equality.
On the other hand Equal protection of laws means that everybody residing in India should be
treated equally and will get equal protection of the law and the state cannot deny it.

CONCLUSION:

The significance and importance of social justice and equally today is that it is just not a mere
concept. In a democratic state like India, the law has to ensure equality of opportunities and
welfare of the citizens. India has its roots in the caste system and various other inequalities
which act as a barrier and pose a serious challenge to Indian democracy in such times the
significance of equity and social justice seem most important and in need.
The basic aim of social justice is to remove the imbalances in the society and create a just
society by providing equity and justice to those who have been denied in the past because of
an established social structure.
Today the judiciary is the protector of our civil and fundamental rights. The importance of the
judiciary is more for the citizens than the states because the judicial system is a part of the
judicial process for the betterment of the people and for social justice.

REFRENCES

1) Ahmad, S.W, & Ali, M.A. (2006).SOCIAL JUSTICE AND THE CONSTITUTION OF
INDIA. The Indian Journal of Political Science, 67(4), 767-782
2) https://samistilegal.in/article-14-right-to-equality/
3) Dr. Shridevi S. Suvarnakhandi. “Social Justice Provision In Indian Constitution”
International Journal of Political Science (IJPS), vol.6, no.3, 2020, pp. 01-09.