SOCIAL JUSTICE

1 mark

State two legal mechanisms in India introduced to redress the

issues of injustice.

Two legal mechanisms to seek justice are:

 PIL (Public Interest Litigation)

 RTI (Right to Information)

Name two books authored by John Rawls on justice

Two books written by John Rawls on justice are:

 A Theory of Justice

 Political Liberalism

Define free market economy?

Free market economy is a product of neo-liberal ideology. It

contends minimum role for the state/ government in regulation of

the economy. In most countries, the model followed is mixed

economy, i.e., a combination of free market and a welfare state.

Write a short note on Liberal Equality.

Liberal Equality emphasizes that positions should not be open

only in formal sense, but everyone should have a fair chance to

attain them. In all sectors of society, there should be roughly equal

prospects of achievements for everyone. The expectations of those,

with the abilities and aspirations, should not be affected by their

social class.

Mention the difference between democratic and dictatorial

regime.

The democratic government fights with all kinds of injustices

prevailing in the society and it is possible to achieve justice, but in

a dictatorial society, an entirely different scenario prevails, as

views of the people are not being care of and decisions are

imposed on them.

What is the implication of injustice associated with war?

Injustice associated with war can lead to violation of basic rights to

life and physical safety and human rights violations including

torture, slavery.

Name the Article of Indian constitution which abolishes

untouchability and its practice in any form.

Article 17 of Indian constitution abolishes untouchability and its

practice in any form.

Who has given the idea of ''veil of ignorance''?

John Rawls has given the idea of ''veil of ignorance''.

Mention the name of Plato's work, which deals with ''Justice''?

Plato's ideas on '' Justice ''are given in ''The Republic''.

What is the difference between the Fundamental Rights and the

Directive Principle of State Policy?

The Fundamental Rights, which are incorporated in the part III of

the Indian Constitution are justiciable, i.e. can be enforced by the

courts. In comparison, Directive Principle of State Policy are non-

justiciable, i.e. courts cannot enforce them.

Who argued that '' kings should maintain justice by punishing

wrong doers and rewarding the virtuous’’?

Great Chinese philosopher, Confucius argued that kings should

maintain justice by punishing wrong doers and rewarding the

virtuous.

What are the objectives of Directive Principles of State Policy?

The Directive Principles of States Policy are incorporated in the

part IV (Art. 35-51) of the Indian Constitution. Its objectives are to

promote social and economic justice. They are the positive

obligation of the state towards its citizens and are fundamental in

the governance of the country.

Write a short note on political injustice.

The political injustice involves the violation of individual liberties

like

 The denial of voting rights.

 Infringement on rights to freedom of speech or religion.

 Inadequate protection from courts and unusual punishment.

Who said these lines and why “A just society is that society is

that society in which ascending sense of reverence and

descending sense of contempt is dissolved into the creation of a

compassionate society’

B.R. Ambedkar
 2 marks

What does distributive justice mean?

Distributive justice means a fair distribution of goods and services

between nations or different groups or individuals, based on their

needs, rights or entitlement.

Discuss the ancient Indian notion of justice?

The term for justice in Indian political thought is dharma. Dharma

means what is right and what is each person’s duty. An individual’s

dharma or duty was based on his caste. For example, the duty of the

king was to uphold the spirit of righteousness.

What does Justice imply?

Justice in law illustrates application of a proper balance: a fair trial,

which achieves a proper balance between the ability of the

defendant to establish innocence and the ability of the prosecution

to establish guilt. It implies a system, wherein all individuals are

related to each other.

What is the basis of Political Justice?

Universal Adult Franchise is the basis of Political Justice. It is an

important feature of the democracy, where all the adult citizens

have a right to participate in the forming of the government.

State the difference between Liberalists and Marxists view.

The liberalists lay emphasis on individual freedom. Private

property generally been supported as providing a bulwark against

state power, allowing some prospects of independence. The

Marxists are not in favour of private ownership of property and

emphasis on the just distribution of wealth and property.

Write the features on the “just society”.

 In a just society, basic minimum needs of the citizens are being

taken care of.

 Appropriate conditions are provided for the development of

the people's talent.

 Opportunities are provided to the people to pursue desired

goals.

Why B.R. Ambedkar emphasized on education?

Dr. B. R. Ambedkar emphasized that education is the most

important tool to be used for the enhancement of the conditions of

the backward classes. The revolution organized by an educated

class will have a positive impact on the society and certainly would

lead to long lasting reforms.

Who is known as the man of millennium for social justice?

Dr. B. R. Ambedkar is being referred to as the man of millennium

for social justice. He was the chairman of the drafting committee of

the Indian Constitution. He fought for the rights of Dalits,

untouchables, OBCs and women. He emphasised on education and

used the slogan of ‘Educate, Organize and Revolutionize.’

Who had emphasised on the different stages of equality?

John Rawls had emphasised on the different stages of equality.

According to Rawls, three stages of equality prevail:

 Natural Liberty

 Liberal Equality

 Democratic Equality

What does Economic Justice imply?

Economic justice implies that equal opportunities should be

provided to all the citizens. In order to achieve economic justice,

national wealth should not be concentrated in the hands of a few

people and should be equally distributed among all the people.

Along with this, special privileges should be provided for the poor,

unemployed, disabled and senior citizens.

What is Social Justice?

Social justice can be defined as ‘the way in which human rights are

manifested in the everyday lives of society’. All the people should

be provided with equal opportunities and rights to develop their

personality. Discrimination on the basis of caste, colour, creed, sex,

region etc. is strictly prohibited.

Discuss Amartya Sen's views on the Social Justice.

In the words of Amartya Sen, ‘In probing the idea of social justice,

it is important to distinguish between an arrangement-focused view

of justice and a realization-focused understanding of justice.

Sometimes justice is conceptualized in terms of certain

organizational arrangements- some institutions, some regulations,

some behavioural rules- the alive presence of which indicates that

justice is being done.’

He was of the opinion that the realization focused understanding of

justice broadens the evaluation of justice to the assessment of the

actual world that emerges and includes the lives that the people

involved are able to lead.

 4 marks

“Justice means treating equals equally and unequals unequally”.

Comment.

The statement “treating equals equally and unequals unequally”

points to Aristotle’s idea of distributive justice. This means that

who have equal status will get equal treatment, while those with

special needs require special protection to bring them to the level

of their competitors. For example, if a teacher gives extra time to a

visually impaired student to write in the exam, it should be seen as

injustice towards those students who are able. Thus, treating

equals equally and unequals unequally points that each should get

his due according to his needs and ability. However, this

interpretation, at times, has referred to justice as impartiality.

Examine the nature of economic injustice faced by the tribals.

Analyse.

Tribals are the original inhabitants, i.e., communities who live in

close association with forests. They are also referred to as adivasis.

There are many injustices faced by the tribals as a result of

capitalist development.

 Emergence of special economic zones and forced eviction of

tribals from their forests.

 Declaration of forests as state property and denial of access

to forest resources and livelihood to the tribals.

 Displacement from natural habitat also led to cultural

marginalisation of tribals, since their cultural practices are largely

forest based.

Rule of law is the basis of any ‘just’ Constitution.

Law cannot discriminate between persons on the basis of their

religion, caste or gender. What the rule of law means is that all

laws apply equally to all citizens of the country and no one can be

above the law. According to the Rule of law, neither a government

official, nor a wealthy person, nor even the President of the

country is above the law. Rule of law is an important dimension of

any judicial system. It works on the principle of supremacy of law.

Examine the relationship between Democracy and Social Justice.

In democracy, an initiative is being taken by the government to

establish social justice. It seeks to enhance the quality of life of its

citizens. Through constitution, an attempt is made to promote

social justice, especially for the lower classes and emphasis is laid

on the just society. In India, through Fundamental Rights equality

is provided to all, without any discrimination on the basis of caste,

colour race or sex. It is the duty of the democratic state to fight all
kinds of injustices prevailing in the society. In a democratic set up,

it is possible to achieve social justice but, in a dictatorial society, an

entirely different scenario prevails as all the decisions are imposed

on the people.

Write a note on the B.R. Ambedkar.

 Dr. B.R. Ambedkar was the chief architect of Indian

Constitution. He is being referred to as the man of millennium for

social justice.

 He worked for Dalits, OBCs and women.

 Slogan of ‘Educate, Organize and Revolutionize’ was used

by him. He emphasized that education is the most important tool

to be used for the enhancement of the conditions of the backward

classes.

 Believed that the revolution organized by an educated class

will have a positive impact on the society.

Mention the economic dimensions of Justice.

The economic dimension of Justice includes;

 Equal opportunities should be provided to all the citizens, to

work, to meet the basic needs of life.

 Government should provide social security in the form of

economic aid to the poor, old, unemployed and disabled.

 No section of society should be allowed to exploit the

economic resources.

 National wealth and income should be evenly distributed

among all the people.

What are the provisions provided in the Indian constitution to

achieve Social Justice?

An attempt was being made by the framers of the Indian

Constitution to establish social justice. Subsequently, different

provisions have been incorporated in the Indian Constitution, e.g.,

reservations for SCs, STs in employment and educational

institutions, equal distribution of all the resources. Part III of the

constitution deals with the Fundamental Rights, attempts to bring

an end to all kinds of discrimination. Social evil like untouchability

has been abolished by Article 17 of the constitution.

Write a note on Plato's ‘The Republic’.

Plato in ‘Republic’ discusses the meaning of justice and whether

the just man is happier than the unjust man.

Plato explains justice for the individual as well as a state through

his tripartite theory. He emphasised that three classes prevails in

the society;
 Producers

 Militia

 Ruler

Justice means maintenance of harmonious order between these

classes. As far as an individual is concerned, justice prevails in

striving a balance between appetite, courage and wisdom.

What is the difference between legal and moral Justice?

Legal Justice Deals with vast network of principles and procedures

as laid down in the constitution of a state. It also deals with laws,

customs, precedents enacted by human agencies. On the other

hand, moral Justice Deals with what is right and what is wrong;

what are our rights and what our duties as human beings are.

These are natural principles which determine the mutual relations

of individuals; man’s conduct based on these natural principles is

known as moral justice.

What is “Protective discrimination”?

“Protective discrimination” refers to special privileges, which are

granted by the state to the weaker section of the society, e.g., in

India, the scheduled castes, scheduled tribes and other weaker

sections are provided reservation. Protective discrimination plays

an important role in raising the standards of living. Thus these

extra privileges enable them to compete with the others.

Analyze the relationship between social justice and Equality.

Social Justice and Equality are closely related to each other. In

democracies, a continuous attempt is being made by the planners

and politicians to ensure equal opportunities are provided to all.

 Equal opportunities concentrate on treating all people

equally and giving them equal rights.

 It is about giving everyone a ‘Fairgo’.

 However, since inequality still exists in societies, '' treating

everyone the same '' does not necessarily mean fairness of

treatment.

 The provision of equality of opportunity must be combined

with social justice principle to provide substantive equality to the

marginalized groups.

Write a short note on Injustice.

Injustice prevails in societies.

 Injustice occurs in various forms, wherever the norms of

distributive justice, procedural justice or human rights are

violated.
 In some cases, unfair conditions are imposed by the

government itself.

 Those in power sometimes use the state’s legal and political

system to violate political, economic and social rights of

subordinate groups.
 6 marks

How can laws ensure that markets work in a manner that is fair?

Give examples to support your answer.

Laws are necessary in many situations, so as to protect people

from unfair practices, whether in a market, office or factory.

Private companies, in order to make profits, resort to unfair

practices such as paying low wages to workers, employing

children for work, ignoring the conditions of work, ignoring the

damage to the environment etc.

A major role of the government, therefore, is to control the

activities of private companies by making, enforcing and

uploading laws, so as to prevent unfair practices and promote

social justice. This means that the government has to make

appropriate laws and also enforce them strictly. Laws that are

weak and poorly enforced can cause serious harm, such as the

Bhopal Gas tragedy.

Environment is one such example, where people have pushed a

public cause and the courts have upheld the right to healthy

environment as intrinsic to the Right to Life. Development at the

cost of environment continues to generate heated debates.

Likewise, the State has introduced laws to ensure fair treatment to

workers in the market.

Discuss John Rawls arguments on how a fair and just society can

be established on rational grounds.

Rawls argues that the only way in which we can arrive at a fair

and just rule to imagine ourselves to in a situation, in which, we

have to make decisions about how society should be organised,

although we do not know, what position we would ourselves

occupy in that society. We do not know what kind of family we

would be born in, whether we would be born into an ‘upper caste’

or ‘lower caste’, rich or poor. Rawls describes this as thinking

under a ‘veil of ignorance’. Since no one knows who he/she would

be and what is going to benefit him/her, each will envisage a

future society from the point of view of the worst-off.

Hence, it would make sense for each person, acting in his or her

own interest, to try to think of the rules of organisation that will

ensure reasonable opportunities to the weaker sections. Important

resources like education, health, shelter etc. will be available to all

persons.
Thus, the merit of ‘veil of ignorance’ position is that it expects

people to just be their usual rational selves and choose what they

regard to be in their interest.

Discuss the arguments for and against free market economy.

The debate over the role of free market and state intervention can

be summarised in the following points:

 Proponents of free market argue that unrestricted

competition will stimulate economic growth.

 They argue that market transactions would ensure a just

distribution of benefits and duties in the society. Those with merit

and talent would be rewarded accordingly, while the incompetent

would get a lesser reward. Contrary to this, the opponents of free

market argue that an unregulated economy would widen the

economic gap between the rich and poor. They support public-

private partnership to meet the demands of both efficiency and

accessibility.

 It is argued that market distribution gives more choices to

consumers. Privatisation pushes competition, thus, leading to

better efficiency. However, the cost of such services may put them

out of the reach of the economically underprivileged. Everyone

may not be able to afford private health care, education and

housing. Therefore, the State has to step in to provide with the

basic conditions of life to everyone equally. Arguments can be put

forward by both the supporters and the opponents of free market

but free market often exhibits a tendency to work in favour of the

privileged. That is why, so as to ensure social justice, the state

must adopt a welfare role.

Examine how justice has been understood by different scholars

over the years.

Justice has been understood differently by different scholars.

Generally, “Justice means to give individual his due share”.

Plato understood Justice in the performance of each class, their

respective duties and non-interference in other's matters. Aristotle

justified slavery on the basis of utility. He was of the opinion that,

duty of master is to perform his duty for servants and servant’s

duty is to serve the master.

In Marx’s view, capitalist system is based on injustice and

recommended collective ownership of the means of production

and distribution. According to him, justice is related to the

fulfilment of the basic needs of all. In the modern democratic era

justice means that everyone deserves equal treatment in similar

conditions and there should not be any discrimination on the

grounds of caste, colour, race or sex.

Discuss different principles of Justice.

There are three principles of justice.

 Equal treatment for equals.

 Proportionate justice

 Recognition of Special Needs.

On the one hand, rights are provided to all, while on the other

hand, special privileges are provided to the needy.

Equal Treatment for Equals

 All human beings are equal.

 Every individual deserves equal rights and treatment.

 Liberal democracies include civil rights, political rights and

social rights.

Proportionate Justice

 In order to attain justice in a society, the principle of equal

treatment needs to be balanced with the principle of

proportionality.

 Sometimes it is not possible to treat everyone equally.

 Results of all the students cannot be the same.

 Justice implies rewarding people in proportion to the scale

and quality of their efforts.

Recognition of Special Needs

 Special needs of the people should be considered while

distributing rewards and duties.

 On the grounds of physical disabilities, age or lack of access

to health, education, special privileges can be provided.

 Provision of minimum standard of living and equal

opportunities to the needy.

 Constitution provides reservations for Scheduled castes and

Tribes.

Discuss the various dimensions of Justice.

The various kinds of justice includes: Social, Economic, Political,

Legal and Moral.

 Social Justice - Social Justice implies that there should not be

any discrimination on the basis caste, colour, religion or sex. All

should have equal opportunities to develop. An attempts being

made to ensure that the important resources like education, health,

shelter etc. are available to all, irrespective of their position and

status in the society.

 Economic Justice – It implies that equal opportunities and

fulfillment of basic conditions of life: nutrition, healthcare and

education to all. Economic justice is provided to all those who are

in need, e.g., disabled, senior citizens etc.

 Political Justice – It means that all the people should have

the opportunity to put pressure on the government. This is

possible in democracy, where citizens have the right to participate

in the decision-making without any discrimination.

 Legal Justice – It implies that everyone is equal before law

and no one is above law.

 Moral Justice – means treating others the way we treat

ourselves i.e. with dignity and respect.

What measures have been adopted by the Indian government to

secure social justice?

After achieving independence, India had to face lots of problems.

Inequalities based on caste, class and religion were prevalent. One

of the objectives of the framers of the constitution was to establish

social justice. Subsequently, different features were incorporated

to achieve that. To begin with, the Preamble of the Indian

Constitution declares the objective, to achieve social, economic and

political justice.
Initiative of the government is reflected through different plans

and programmes, e.g. Five-Year Plans, Farmer Development

Agency programmes, Rural Development Programme etc. In order

to improve the social status of SCs, STs, provisions of reservation

in employment, educational institutions and legislative bodies etc.

has been provided in the constitution. Social evils like

untouchability have been abolished. Along with providing equal

opportunities, an attempt has been made to prevent exploitation.

Special privileges have been provided for the disabled,

unemployed, senior citizens etc. The initiative of the government

is also reflected through the 42nd amendment, which states that the

state shall try to secure equal justice and free legal aid to the

citizens. In this manner, there has been a continuous attempt to

ensure equal distribution of goods and services to all.