justice and Liberty

University of Calcutta
Constitutional value
Semester 1, CVAC
25 marks question
Vaskar sir notes
Question: Discuss the concept of justice and
Liberty in relation to constitutional values of
India.
Ans: Introduction: The constitution of every
country in the world has some special
constitutional values, on which the constitution
of that country stands. It is noted that the
preamble of the Constitution of India has
highlighted some special constitutional values,
which the framers of the Constitution created
keeping in mind the traditions of the freedom
movement and Indian civilization and culture.
Justice, liberty, equality, fraternity are the
special constitutional values which are
essential for the development of the citizens
and on the basis of which the unity, integrity
and diversity of the nation is maintained.
Justice:
The word 'Justice' is derived from the Latin
word 'Jus', meaning 'equity' or 'right'. Justice in
general means fairness or justice. Justice is the
symbol of ultimate truth, purity and perfection,
which is the opposite of wrong, injustice and
inconsistent justice. Justice is a unified and
integral form of all political values. According to
the Oxford Concise Dictionary of Politics,
justice refers to the presence of appropriate
balance. According to John Rawls, justice is
fairness or equity, just distribution by just
means.
Classification of Justice:
Keeping this ideal of justice in mind, the
Constitution makers of India have taken the
resolution to establish justice in social,
economic and political fields in the preamble of
the Constitution. According to constitutional
scholar Subhash Kashyap, “Citizens
themselves,Justice means the reconciliation of
collective interests between different groups or
between individuals and groups.”
a) Social Justice:
Social justice refers to the morally justified
distribution of material or social rewards,
especially wealth and social status, irrespective
of caste, religion, color, sex. Various initiatives
have been taken to establish social justice in
various sections of the Constitution of India.
For example, according to Article 15 of the
Constitution, no discrimination or hindrance
can be created in entering public places. Article
17 of the Constitution provides for the abolition
of untouchability and prohibits untouchability.
The Government of India has adopted the ideals
of the welfare state to establish social justice. In
the principles of state management mentioned
in the articles 36 to 51 of the fourth part of the
constitution, the state has been asked to take
various initiatives with the aim of establishing
social justice. Article 330-342 of the
Constitution provides for special facilities for
underprivileged classes with a view to
establishing social justice.
b) Economic Fairness:
Economic justice refers to the establishment of
equitable conditions and rights to freedom of
production and distribution, freedom to earn
profit and buy and sell goods, right to adequate
wages or value etc. Note: The Constitution
makers of India were aware that social justice is
impossible without economic justice. Therefore,
they have taken steps in this regard in some
sections of the principles of state management
described in Articles 36 to 51 of the
Constitution. Article 39 of the Constitution
states that the State shall conduct its policies in
such a way that all citizens, irrespective of sex,
can earn the necessary livelihood; Ownership
and control of wealth is distributed for the good
of the people; of public interest against
resources and sources of production not being
concentrated in the hands of a few; Men and
women get equal wages for equal work.
c) Political Justice:
Political justice basically refers to the overall
participation of people from all levels of society
irrespective of men and women, class, caste,
religion and caste in the political field. Article
325 and 326 recognize universal adult suffrage
regardless of caste, religion, caste, sex, or
wealth in order to establish justice in the
political sphere in India. Moreover, to take
initiative in establishing justice in the political
sphere by reserving seats in elections for
Scheduled Castes, Tribes and Minorities.
'Liberty:
The word 'Liberty' comes from the Latin word
'Liber', meaning freedom from captivity, slavery,
servitude, tyranny or freedom. Literally freedom
means 'self' i.e. self-subordination. Freedom in
this sense is an active matter. Two aspects of
freedom are particularly important, namely
positive freedom and negative freedom.
Freedom in the negative sense refers to the
removal of all restraints on the individual. In
this case the individual is completely free from
all kinds of obstacles in the state sphere. On
the other hand, freedom in a positive sense
means the preservation of an environment
conducive to the development of individual
personality. That is, in this case, the state
imposes some restrictions on the development
of the individual's personality.
Positive independence has been accepted
in the Constitution of India. The framers of the
Constitution enshrined the freedom of thought,
expression, belief, religion and worship in the
preamble of the Constitution in a positive
sense. Apart from this, the issue of freedom has
been placed with great dignity in the third part
of the constitution and an independent and
impartial judiciary has also been provided to
protect it. 19 to 22 of the Constitution The right
to liberty is preserved in Article no. Freedom of
speech and expression of individuals, freedom
of assembly, freedom of association, freedom
of travel and residence, freedom of scholarship
etc. have been recognized with great
importance.
In addition, the right to religious freedom
has been mentioned in Articles 25 to 28 of the
Constitution. According to the right to religious
freedom, every person has freedom of
conscience and freedom to profess, practice
and preach religion. These freedoms are
positive in the sense that the individual cannot
exercise them arbitrarily. The state can impose
restrictions on all these freedoms for various
reasons.

justice and Liberty

Uploaded by

Copyright:

Available Formats

justice and Liberty

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

justice and Liberty

Uploaded by

Copyright:

Available Formats

University of Calcutta

You might also like