Indian Concept Of Justice

The present article has been written by Aanya Gupta, pursuing BBA LLB from Vivekananda Institute of professional studies, GGSIPU , New Delhi

Introduction


The Indian Constitution deals with justice, freedom, equality, integrity, and dignity. The concept of justice depends on the interpretation of the constitution. The Constitution stipulates justice, namely social justice, economic justice, and legal justice, which are an integral part of the theory of distributive justice. The phenomenon of “distributive justice” is based on two important points: first, fair distribution is not only about resources and materials, but also rights, obligations, and responsibilities; secondly, justice is a phenomenon, not only for the people, who govern but also for those who govern. People who govern themselves. Article 14 and Article 21 of the Indian Constitution respectively mention “all people are equal before the law” and “the right to live with dignity”. This is the soul of constitutional governance; the constitution has the upper hand because it gives the people identity. Identity in society is everything to justice; we demand our identity, not just for justice. Many philosophers offer different concepts of justice. It cannot be said that the Constitution of India is based on one theory, but is the result of all jurisprudential theories. It requires real efforts for society, the individual, the law, the economy, and general development.

Justice is simple, but the world is complicated, so the application of justice in the world contains some complicated things. 2 When we consider questions of economic and social policy, justice will guide citizens to reflect. According to Amartya Sen in his book “The Concept of Justice”, the doctrine of political economy must include an explanation of the public interest based on the concept of justice. The theory of justice that can be used as a basis for practical reasoning must include methods for judging how to reduce injustice and promote justice, rather than merely aiming to describe a completely just society and practice as many of its main characteristics. theory. Justice in contemporary political philosophy. Justice is not a matter of reasoning at all; it is about being appropriately sensitive and having a proper sense of smell for injustice. The requirements of the theory of justice include playing a rational role in the diagnosis of justice and injustice. Faced with different theories of justice, the eternal dilemma is to find a tangled balance measure suitable for the ever-changing human affairs. The problem lies in the relationship between “justice” and “injustice”; what if the second is only the absence of the first?


Principle Of Natural Justice



The principles of natural justice are considered basic human rights because they try to provide justice to the parties in a natural way. Natural justice is another name for common sense justice. It is procedural, and it also aims to ensure judicial justice to the parties. The Supreme Court judge once said that the goal of natural justice is to ensure justice, or (negatively speaking) prevent judicial errors. It only operates in areas not covered by the law. It replaces the law and supplements it. 

 The principles of natural justice are:

1) Nemo Debet Esse Judex In Propria Causa, which means that no one can serve as a judge in his case. 

The first minimum requirement of natural justice is that the authority that decides the decision must act impartially and fairly. The judge must be fair. There can be many types of bias, such as monetary bias, personal bias, and official bias. The purpose of this rule is to ensure that the public has confidence in the fairness of the rewarding process.

 2) Audi Alteram Partem, which means to listen to each other. 

This principle means that the person must have a fair opportunity to defend himself. This means that no one will be convicted without being heard. In addition, it is very necessary not to try anyone without a fair hearing. Therefore, they will have the opportunity to respond to the evidence against them by providing all the facts and evidence that the court knows in their favor.

Constitutional Imperatives



ARTICLE 14
This article guarantees – equality before the law and equal protection of law within the territory of India. It binds the State to ensure that there is no discrimination being practiced in the nation. It includes the principle of the Rule of Law.

ARTICLE  15(1)
It prohibits discrimination on the grounds of religion, race, caste, gender, or place of birth. It is the duty of the state to make special provisions for women and children, and the advancement of any social and educationally backward classes of citizens, and Schedule Caste & Scheduled Tribe peoples.

ARTICLE 21
No person shall be deprived of his right to life and personal liberty except according to the procedure established by law.

ARTICLE 22
It gives special rights to arrested persons in certain cases which within its ambit contain very valuable elements of Natural Justice.

ARTICLE – 32 and 226

It collectively provides for Constitutional Remedies for violation of Fundamental Rights and Legal Rights. They can be exercised by issuing appropriate Writ, Direction, and Orders.


Conclusion


There is no value in linking the Constitution of India to a theory of justice because it is a combination of all methods of judicial jurisprudence. The constitution is an ideal and requires practical efforts for society, the individual, the law, the economy, and integral development. When we speak of the Constitution, we often speak of justice; because it is not only related to the development of people, but also the peace, security, and dignity of people; justice is important because it gives identity to people; an LGBT Issues Open space leads to a certain degree of legitimacy and requires more active rights, such as anti-discrimination measures and socio-economic benefits. Since Ward’s theory is consistent with article 15 and the article of the Constitution, we should apply an effective educational plan for balanced intelligence among people of different classes in society. Justice is fundamentally a matter of treating people equally and then trying to show that we must apply different standards of distribution in different situations. It includes a series of rights, such as freedom of expression and the right to vote that define citizenship, and the right to material resources that allow people to operate effectively as citizens in a political sense. Justice is not a fact, but an attitude to the facts that must be implemented to maintain the legitimacy of the constitution.

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