How Does Government Ensures Social Justice?
How Does the Government Ensure Social Justice?
1. Introduction to Social Justice
Social Justice is a concept that promotes fair and equitable treatment of all individuals, especially the marginalized and disadvantaged sections of society.
It involves equal access to opportunities, resources, and protection under law.
The Indian Constitution enshrines social justice as a fundamental goal, particularly through its Directive Principles of State Policy and Fundamental Rights.
2. Constitutional Framework for Social Justice
A. Preamble of the Constitution
Declares India as a Sovereign, Socialist, Secular, Democratic Republic.
The word ‘Socialist’ reflects the commitment to social justice.
B. Fundamental Rights (Part III)
Equality before law (Article 14).
Prohibition of discrimination on grounds of religion, caste, sex, or place of birth (Article 15).
Equality of opportunity in public employment (Article 16).
Protection against untouchability (Article 17).
Cultural and educational rights to minorities (Articles 29 and 30).
C. Directive Principles of State Policy (Part IV)
Direct the State to strive for social and economic democracy.
Promote welfare of weaker sections (Articles 38, 39, 41).
Endeavour to minimize inequalities in income and status (Article 38).
Promote educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections (Articles 46 and 335).
3. Government Measures to Ensure Social Justice
A. Affirmative Action (Reservation Policy)
Reservation in education, employment, and legislature for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).
Provides opportunities to historically oppressed groups.
Enables representation and empowerment.
B. Legislative and Policy Initiatives
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – safeguards against discrimination and violence.
Right to Education Act (2009) – ensures free and compulsory education for children aged 6-14.
Social welfare schemes like National Rural Employment Guarantee Act (NREGA), poverty alleviation programs.
Policies promoting women’s empowerment, child welfare, and disability rights.
C. Judicial Enforcement
Courts have played a proactive role in ensuring social justice by interpreting the Constitution expansively.
They monitor the implementation of social justice measures and protect fundamental rights.
4. Important Case Laws on Social Justice
1. State of Kerala v. N.M. Thomas (1976)
The Supreme Court upheld the validity of reservation for OBCs.
Affirmed that Article 16(4) allows the state to make special provisions for the advancement of socially and educationally backward classes.
2. Indra Sawhney v. Union of India (1992) (Mandal Case)
Upheld the reservation policy for OBCs.
Imposed a 50% ceiling on reservations but allowed exceptions.
Recognized the role of reservation as a tool for social justice.
Introduced the concept of creamy layer exclusion.
3. Ashoka Kumar Thakur v. Union of India (2008)
Reaffirmed the Mandal judgment.
Upheld the constitutionality of OBC reservation in central government jobs and education.
Emphasized that reservation promotes equality of opportunity.
4. E.V. Chinnaiah v. State of Andhra Pradesh (1993)
The Court ruled that reservations for Scheduled Castes and Scheduled Tribes are constitutionally valid and necessary for achieving social justice.
5. Olga Tellis v. Bombay Municipal Corporation (1985)
Expanded the right to livelihood under the right to life (Article 21).
Highlighted that social justice includes economic rights and protection of vulnerable populations.
5. Other Mechanisms
A. Commission for Scheduled Castes, Scheduled Tribes, and Backward Classes
Statutory bodies monitor rights and safeguard interests.
Investigate complaints and recommend corrective action.
B. Social Welfare Departments
Central and State Governments have dedicated departments and ministries for social justice and empowerment.
C. Public Interest Litigation (PIL)
Courts entertain PILs to address issues of social justice, such as discrimination, poverty, and access to basic services.
6. Challenges in Ensuring Social Justice
Implementation gaps and delays.
Social stigma and discrimination persist despite legal safeguards.
Political resistance and misuse of reservation policies.
Economic inequalities not fully addressed by social justice measures.
7. Conclusion
The government ensures social justice through a combination of constitutional mandates, legislation, policy initiatives, and judicial interventions. The Constitution’s commitment to equality and affirmative action seeks to empower marginalized groups and eliminate discrimination. Judicial pronouncements have played a critical role in interpreting social justice broadly and ensuring the state's accountability in protecting the rights of all citizens, thereby strengthening the democratic fabric of India.
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