Constitutional Provisions for Social Justice in India
Social justice means ensuring fairness, equality, and dignity for all citizens. In India, social justice is not only a moral value but also a constitutional goal. Our Constitution makers, especially Dr. B.R. Ambedkar, gave great importance to removing social and economic inequalities.
The Preamble of the Indian Constitution itself highlights Justice – Social, Economic, and Political. Thus, social justice is at the core of India’s constitutional philosophy.
Why Social Justice is Important in India?
- Indian society has long suffered from caste system, untouchability, gender inequality, and economic disparity.
- Large sections of people like SCs, STs, OBCs, women, minorities, and poor were historically deprived of rights.
- The Constitution aims to uplift weaker sections and create a society based on equality and dignity.
Constitutional Basis of Social Justice
The provisions are spread across Preamble, Fundamental Rights, Directive Principles of State Policy (DPSPs), Fundamental Duties, and Special Provisions.
Let us study them one by one.
1. Preamble
- The Preamble declares Justice – Social, Economic, Political as a guiding principle.
- It ensures social justice by promoting equality, liberty, and fraternity.
- It reflects the vision of a welfare state.
Example: Abolition of untouchability (Art. 17) and reservation policies are direct results of the Preamble’s promise of social justice.
2. Fundamental Rights (Part III, Articles 12–35)
Fundamental Rights guarantee equality and protection to every citizen.
| Article | Provision for Social Justice | Remarks/Examples |
|---|---|---|
| Art. 14 | Equality before law & equal protection of laws | All are equal before law; e.g., striking down of discriminatory laws |
| Art. 15 | Prohibition of discrimination on grounds of religion, race, caste, sex, place of birth | Art. 15(3) allows special provisions for women & children |
| Art. 16 | Equality of opportunity in public employment | Reservation for SCs, STs, OBCs, and EWS |
| Art. 17 | Abolition of untouchability | Protection of Civil Rights Act, 1955 |
| Art. 19 | Right to freedom of speech, assembly, association, etc. | Ensures participation of all |
| Art. 21 | Protection of life & personal liberty | Interpreted as right to live with dignity, health, education |
| Art. 23 | Prohibition of human trafficking and forced labor | Bonded labor abolished |
| Art. 24 | Prohibition of child labor in hazardous industries | Linked with RTE Act, 2009 |
| Art. 25–30 | Cultural and educational rights of minorities | Establishing minority institutions |
Note: Fundamental Rights are enforceable by courts, making them powerful tools for social justice.
3. Directive Principles of State Policy (Part IV, Articles 36–51)
DPSPs are non-justiciable (not enforceable in courts) but provide important guidelines for the state. They aim at social and economic justice.
| Article | Provision | Example |
|---|---|---|
| Art. 38 | State to secure social order based on justice (social, economic, political) | Inclusive growth policies |
| Art. 39(a) | Right to adequate livelihood | MGNREGA |
| Art. 39(b) | Distribution of resources for common good | Land reforms |
| Art. 39(c) | Prevent concentration of wealth | MRTP Act, economic policies |
| Art. 39(d) | Equal pay for equal work | Equal Remuneration Act |
| Art. 39(e-f) | Protection of children and workers from exploitation | Child labour laws |
| Art. 41 | Right to work, education, and assistance in case of unemployment/old age | MGNREGA, pensions |
| Art. 42 | Just and humane conditions of work, maternity relief | Maternity Benefit Act |
| Art. 43 | Living wage and decent standard of life | Minimum Wage Act |
| Art. 45 | Free and compulsory education for children (now in Art. 21A) | RTE Act, 2009 |
| Art. 46 | Promotion of SCs, STs, weaker sections | Scholarships, reservation |
| Art. 47 | Duty of state to raise nutrition and standard of living | Mid-Day Meal Scheme, Ayushman Bharat |
| Art. 48A | Protection of environment and forests | Forest Rights Act, NGT |
Remark: Though not legally enforceable, DPSPs guide laws, policies, and welfare schemes.
4. Fundamental Duties (Part IVA, Article 51A)
- Citizens also have a duty to promote harmony and spirit of common brotherhood (Art. 51A(e)).
- Duty to value rich heritage and protect environment.
- These duties indirectly support social justice by encouraging social responsibility.
5. Special Provisions for Weaker Sections
a) Scheduled Castes (SCs) and Scheduled Tribes (STs)
- Art. 330 & 332: Reservation of seats in Lok Sabha & State Legislatures.
- Art. 335: Claims of SC/ST to services & posts.
- Art. 338 & 338A: National Commissions for SCs and STs.
b) Other Backward Classes (OBCs)
- Art. 340: President can appoint a commission (e.g., Mandal Commission).
c) Minorities
- Art. 29 & 30: Right to conserve culture, establish educational institutions.
- National Commission for Minorities Act (1992).
d) Women and Children
- Art. 15(3): State can make special provisions.
- Art. 39(d): Equal pay for equal work.
- Art. 42: Maternity relief.
e) Economically Weaker Sections (EWS)
- 103rd Constitutional Amendment Act (2019) introduced 10% reservation for EWS in education & jobs.
Judicial Role in Promoting Social Justice
The judiciary has expanded the meaning of rights to ensure justice:
- Kesavananda Bharati Case (1973) – Social justice is part of basic structure.
- Indra Sawhney Case (1992) – Upheld OBC reservation, capped at 50%.
- Right to Education Case (2009) – Declared education a Fundamental Right.
- Navtej Johar Case (2018) – Decriminalized homosexuality, ensuring LGBTQ rights.
- Vishaka Case (1997) – Guidelines against sexual harassment at workplace.
Examples of Laws & Policies Inspired by Constitution
| Law/Policy | Related Article |
|---|---|
| Protection of Civil Rights Act, 1955 | Art. 17 |
| SC/ST (Prevention of Atrocities) Act, 1989 | Art. 17, 46 |
| Maternity Benefit Act, 2017 | Art. 42 |
| Right to Education Act, 2009 | Art. 21A, 45 |
| National Food Security Act, 2013 | Art. 47 |
| Forest Rights Act, 2006 | Art. 48A, 46 |
| Equal Remuneration Act | Art. 39(d) |
Contemporary Issues in Constitutional Social Justice
- Reservation Debate – Demands for inclusion/exclusion, EWS quota challenges.
- Gender Justice – Low political representation of women.
- Caste Discrimination – Still persists despite laws.
- Minority Rights – Concerns about identity and security.
- Regional Inequalities – Uneven growth among states.
- Digital Divide – Access to technology is unequal.
Achievements So Far
- India has largest affirmative action programme in the world.
- Millions benefited from reservation in jobs and education.
- Welfare schemes improved literacy, health, and poverty reduction.
- Judiciary safeguarded rights through progressive judgments.
Challenges Ahead
- Proper implementation of schemes.
- Reducing corruption and leakages in welfare programmes.
- Balancing merit and social justice in reservation policies.
- Tackling new inequalities (digital, urban-rural, gender gap in technology).
Way Forward
- Inclusive Education & Skill Development for weaker sections.
- Strengthen social security (healthcare, pensions, employment).
- Better representation of women and marginalized in politics.
- Effective monitoring of schemes and laws.
- Public awareness about constitutional rights.
Conclusion
The Indian Constitution is a social document. Its main aim is not only political democracy but also social and economic democracy. The various provisions – from Fundamental Rights to DPSPs – reflect the commitment to build a just, equal, and humane society.
However, the journey is still ongoing. Social justice will be truly achieved when every citizen, irrespective of caste, religion, gender, or economic background, enjoys real equality of opportunity and dignity in life.
As Dr. B.R. Ambedkar said:
“Justice has always evoked ideas of equality, of proportion, of fairness, and has been the goal of all civilized society.”
