Distributive Justice and Its Relevance Under Indian Constitution
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THE PHILOSOPHY OF DISTRUBUTIVE JUSTICE AND ITS RELEVANCE UNDER INDIAN CONSTITUTION
The jurisprudence of distributive justice, according to juristic cynics, is an essay in illusion. The basic social system is built on gross inequalities and the power to lobby and mould State policy, even judicial policy, is heavily in the hands of the proprietariat. Being social realists and meliorists we have to work with the materials that we have and try to read the constitutional provisions in such a manner that the human essence of distributive justice is won by dynamic interpretation and socialist understanding. The Indian Constitution visualizes an affirmative State action for bringing about a new social order based on justice, social, economic and political (Art. 38). The Directive Principles of State Policy contain the directions of change towards such a new social order. The researcher has examined various theories of justice and has examine how the John Rawl’s theory of justice which means that justice is fairness is the most apt for the Indian situation. Even in the Constitution we find different strategies of justice.
Keywords: Justice, Distributive Justice, Constitution.
INTRODUCTION
Ever since the birth of society, justice has been one of the most important quests of human endeavor. Justice means giving one what is due to him. As a principle of law, justice delimits and harmonises the conflicting desires, claims and interests in the social life of the people. In the modern society if we take the view that all its problem of distribution then the recourse is left open to distributive justice and nothing else. Distributive justice embraces the whole economic dimension of social justice, the entire question of distribution of goods and services within the society. It demands equality in the distribution or allotment of advantages or burdens.
The aim of distributive justice is to strike a balance in the socio-economic structure of the society and bring
THE PHILOSOPHY OF DISTRUBUTIVE JUSTICE AND ITS RELEVANCE UNDER INDIAN CONSTITUTION
The jurisprudence of distributive justice, according to juristic cynics, is an essay in illusion. The basic social system is built on gross inequalities and the power to lobby and mould State policy, even judicial policy, is heavily in the hands of the proprietariat. Being social realists and meliorists we have to work with the materials that we have and try to read the constitutional provisions in such a manner that the human essence of distributive justice is won by dynamic interpretation and socialist understanding. The Indian Constitution visualizes an affirmative State action for bringing about a new social order based on justice, social, economic and political (Art. 38). The Directive Principles of State Policy contain the directions of change towards such a new social order. The researcher has examined various theories of justice and has examine how the John Rawl’s theory of justice which means that justice is fairness is the most apt for the Indian situation. Even in the Constitution we find different strategies of justice.
Keywords: Justice, Distributive Justice, Constitution.
INTRODUCTION
Ever since the birth of society, justice has been one of the most important quests of human endeavor. Justice means giving one what is due to him. As a principle of law, justice delimits and harmonises the conflicting desires, claims and interests in the social life of the people. In the modern society if we take the view that all its problem of distribution then the recourse is left open to distributive justice and nothing else. Distributive justice embraces the whole economic dimension of social justice, the entire question of distribution of goods and services within the society. It demands equality in the distribution or allotment of advantages or burdens.
The aim of distributive justice is to strike a balance in the socio-economic structure of the society and bring