The need for social and economic justice, which stipulates that every person should have equal access to health, well-being, money, and opportunity, has grown in importance over the past few decades. A series of recent global crises (financial, environmental, socio-political, and medical) have instead increased anxiety, reinforced inequalities, exacerbated cleavages, and negatively impacted economic growth and social development, despite “the age of rights” has raised some hopes that direction. Many are the areas where a rights-based approach – and socio-economic rights in particular – can and should intertwine with economic and social justice. Examples include gender equality, respectable living, and working circumstances, social movements, and attempts at radical participatory democracy.
The phrase “Social and Economic Justice” refers to the idea of “Distributive Justice,” which means eliminating economic inequities and redressing injustice brought on by dealings or transactions between socially unequal parties. A society that upholds individual freedoms and rights while distributing all available resources to the most disadvantaged members of the community could be deemed just.
SOCIAL JUSTICE:
In a broad sense, economic justice also encompasses social justice. The Directive Principles of State Policy, Part IV of the Indian Constitution, and, to a lesser extent, the Chapter on Fundamental Rights and other parts of the Constitution, is where the socioeconomic justice as envisioned by the Indian Constitution is primarily found. Equal treatment of all residents without social discrimination based on caste, color, race, religion, sex, and other factors is referred to as social justice. It indicates that no group in society is granted favors and that women and the situations of the underprivileged (SCs, STs, and OBCs) have improved. The cornerstone of the Indian Constitution is social justice.
Social justice is the recognition of a larger group’s better good without causing harm or preventing them from acquiring legal rights. According to the doctrine of basic structure outlined in the Kesavananda Bharati case, the concept of social justice is fundamental to the Constitution and is deemed to be a fundamental component that cannot be reduced, changed, or eliminated.
Social justice is a revolutionary idea that gives life purpose and value and gives the rule of law movement. With the help of the rule of law and legislation, Indian society aims to address the issue of socioeconomic inequality and attain economic justice without engaging in violent conflict. That is the relevance and significance of the idea of social justice in the modern Indian setting. Social justice can only be accomplished with the peaceful cooperation of all citizens.
ECONOMIC JUSTICE:
Economic justice refers to the goal of the state as envisioned by the directive principles, which is the eradication of poverty through the expansion of national wealth and resources and equitable distribution of those resources among all who contribute to its production, rather than the expropriation of the wealthy. To the extent that this objective is accomplished, economic democracy will be established in our continent. In a nutshell, economic justice seeks to create a “welfare state” and economic democracy.
A fundamental right to ensure equality of status, opportunity, and liberty is the right to economic justice for the weaker groups, including the scheduled castes, scheduled tribes, and other groups.
The goal of economic justice is to eliminate opportunity and status disparity on all levels social, economic, and political making life worth living and equality of status meaningful.
EMPHASIS ON SOCIAL AND ECONOMIC JUSTICE IN THE CONSTITUTION:
The Preamble, Fundamental Rights, and Directive Principles provide the moral framework for the constitutional effort to design a more egalitarian society through social engineering.
In the S.R. Bommai v. Union of India case, the court determined that social justice and judicial review are the fundamental elements of the Indian Constitution.
When one reads Parts III and IV, the seeds of social justice that were planted in the Preamble have fully borne fruit. Equality before the law and equal protection under the law are discussed in Articles 14, 15, and 16.
In addition to the Preamble, Chapter IV of the Constitution’s Directive Principles of State Policy also expounds on the notion of social justice.
The Supreme Court noted in Workmen of Meenakshi Mills Ltd. v. Meenakshi Mills Ltd. that the Preamble to the Constitution states the solemn resolve of the Indian people to ensure to all citizens justice social, economic, and political.
Every civilized society’s ultimate goal is to create a legal system that is essential to meeting the needs and expectations of the period. Justice, according to the law, includes social commitment and compulsion.
The only article in Part IV that mentions social, economic, and political justice is Article 38. But the idea of justice is not just restricted to prescriptive rules. Without equality, justice is impossible. The fundamental right of everyone to equality before the law is guaranteed under Article 14. Treating some Hindus as “untouchables” led to significant social injustice, therefore Article 17 banned the practice, and Article 25 gave the state the authority to enact any law allowing untouchables access to all public Hindu temples. Consequently, Part-III provisions also address political and social fairness.
The court ruled in the State of Bihar vs. Kameshwar Singh that the ideal we have set before us in Art. 38 is to evolve a State that must continuously work to advance the welfare of the people by securing and making social, economic, and political justice inform all the institutions of the national life.
The idea of social justice encompasses a variety of values that are crucial for the healthy development of each citizen’s personality. It is a dynamic tool to lessen the suffering of the weak, disadvantaged, Dalit, tribal, and destitute sections of society.
Justices-social, economic, and political; freedom of expression, belief, faith, and worship; equality of status and opportunity; and promotion of interfaith assuring the dignity of the individual and the unity of the nation are all sworn promises made to all Indian citizens in the Preamble, Fundamental Rights, and Directive Principles sections of the Constitution.
CONCLUSION:
Law or the court cannot achieve social justice on their own. The development of the judicial system, which delivers justice, is an integral part of the social justice program, which is heavily dependent on cooperation and coordination between the three governmental entities.
Despite the government’s well-intended efforts to ensure social justice through equalization or protective discrimination policies, there remains some conflict in the community. Even actions that have nothing to do with social justice are carried out in the name of it. It is imperative that policies are implemented correctly and fairly in order to make social justice a powerful tool for advancing society.
REFERENCES:
SR MYNENI POLITICAL SCIENCE
Defining Economic Justice and Social Justice
https://www.investopedia.com/terms/e/economic-justice.asp
https://indiankanoon.org/doc/60799/
https://indiankanoon.org/doc/700780/
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