Justice in Indian Constitution

 Introduction 

Along with liberty, equality and fraternity, justice is the cornerstone of the Indian constitution. Only in a society permeated by justice, one can expect the enjoyment of liberty, equality and fraternity. Thus, justice presupposes the booming democracy. No justice can thrive in a set-up which is guided by dictatorship. 

The Supreme Court inaugurated : Lady of Justice without blindfold
with scale in her right hand and constitution of India in the left hand 

Definition-

1.According to Plato, Justice is to establish harmony where rulers, warriors and producers (farmers and artisans) perform its designated function without interfering with others. 

2.According to Kautilya, Justice meant protecting citizens, maintaining order by enforcing proportionate punishment and ensuring King’s responsibility to uphold Dharma for the welfare of the state and society. 

3. According to Aristotle, Justice has two components - distributive justice, whereby fair distribution of resources is carried out and corrective justice where wrongs are rectified. He stressed upon equality and fairness. 

4.According to  John Rawls, Justice is achieved when society ensures fairness specially for the most vulnerable. 

5. According to Thomas Hobbes, Justice is achieved when a social contract is made for the preservation of peace and order with the sovereign for enforcing justice.

6. According to Karl Marx,  Justice can be achieved when a classless society is established through class struggle, where inequality is eradicated. 

7. According to John Stuart Mill, Justice is essential to the principle of utility where the aim is the greatest happiness of the greatest number.

8.According to Amartya Sen, Justice means improvement of people's actual life by enhancing people’s freedom and capabilities. 

Provision of justice in Indian Constitution

1.Preamble - The Preamble consists of three types of justice - social, economic and political. 

• Social justice means equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular sections of the society. It also means improvement in the conditions of scheduled castes, scheduled tribes, and other backward classes.

• Economic Justice means non-discrimination between people on the basis of economic factors. It means elimination of glaring inequality in wealth, income and property. 

• Political justice means  all citizens should have equal political rights, equal access to all political offices and equal voice in the Government. 

2.Fundamental Rights - 

• Article 14 ensures the right to equality before law and equal protection from law.

• Article 15 prohibits discrimination on the grounds of religion, race, caste, sex or place of birth. 

• Article 16 guarantees equality of opportunity in public employment, ensuring that every citizen has the equal chance.

• Article 17 abolishes all kinds of untouchability.

• Article 18 abolishes all kinds of titles, except those titles given on the merit. 

• Article 19 provides freedom such as the right to free speech and expression, assembly, association, movement, residence and profession. 

• Article 20 provides no ex post facto law. It means no person shall be convicted of any offence except for violation for law in force at the time of the commission of the act. No double jeopardy which means no person should be persecuted and punished for the same offence for more than once. No self-incrimination which means no person accused of any offence shall be compelled to be a witness against himself.  

• Article 21 guarantees the right to life and personal liberty. The Supreme Court has enlarged the scope of this article to include right to live with human dignity, right to decent environment, right to livelihood, right to shelter, right to health, right to free education up to 14 years of age , right to free legal aid, right against handcuffing, right to speedy trial, right against inhuman treatment, right against bonded labour, right against custodial harassment, right to emergency medical aid, right to fair trial, right to family pension, right to marry a person of one’s choice, right to privacy etc. 

• Article 22 provides protection against arrest and detention, right to be informed on the grounds of arrest and access to legal representation. 

• Article 23 prohibits trafficking in human beings and forced labour.

• Article 24 prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activities like construction work of railway. 

3.Directive Principles of State Policy 

• Article 38 promotes the welfare of the people by securing social economic and political justice and to minimise inequality income status, facilities and opportunities. 

• Article 39 secures -

(a) the right to adequate means of livelihood for all the citizens 

(b) Equitable distribution of material resources of the community for the common good. 

(c) Prevention of concentration of wealth and means of production

(d) Equal pay for equal work for men and women

(e) Preservation of health and strength  of workers and children against the forceable abuse. 

(f) Opportunity for healthy development of children and protection of childhood and youth against exploitation and against moral and material abandonment. 

• Article 39 (A) promotes equal justice and provides free legal aid to the poor. 

• Article 41 secures the right to work, to education and to public assistance in case of unemployment, old age, sickness and disablement.

• Article 42 makes provision for just and humane conditions of work and maternity relief.

• Article 43 secures a living wage, a decent standard of life, social and cultural opportunities for all workers.  

• Article 43 A secures the participation of workers in the management of industries.

• Article 47 raises the level of nutrition and standard of living of people and improves public health. 

• Article 46 promotes the educational and economic interest of SC,ST and other weaker sections of the society and to protect them from social injustice and exploitation. 

• Article 45 provides early childhood care and education for all children until they complete the age of six years. 

• Article 48 organises agriculture and animal husbandry on modern and scientific lines. 

4.Judicial review - The constitution of India authorises the higher judiciary like Supreme Court and High Courts to declare any law passed by Parliament or state legislatures null and void if that law contravenes the provisions of constitution. Thus, the Supreme Court of India struck down a number of laws passed by the Parliament. Recently, the Supreme Court upheld the classification of scheduled castes and scheduled tribes for reservation to provide reservation benefits to marginalised groups within these castes and tribes.

5. Public Interest Litigation - It allows individuals or groups to approach the judiciary to seek legal remedies for public issues, providing an effective means for the poor or marginalised to access justice. Thus, the provision of locus standi was removed so that public issues may be raised in the Supreme Court and High Courts. 

6.Legal Aid and Free Justice - The Legal Services Authority Act,1987, formalises the provision of free legal aid to unprivileged sections, reinforcing the constitutional directives under article 39 A. 

Achievements of Justice in India since Independence 

1. India successfully conducted 18 elections since independence and thus strengthened democratic set-up by giving reservation to scheduled castes and scheduled tribes in Parliament. By the 73rd and 74th amendments, democratic decentralisation was carried out at the district and down to the village level. 33% reservation to women was provided in these local bodies. Some states like Bihar reserved 50% reservation for women. Similarly, reservation to SCs and STs was provided in these local bodies commensurate with their population. 

2. India achieved self-sufficiency in food production by the introduction of the Green Revolution. It has become the fastest growing economy in the world. It has made efforts for economic inclusion by launching welfare schemes like MGNREGA ,Pradhan Mantri Jan Dhan Yojana, and Pradhan Mantri Mudra Yojana. Almost all states have passed land reforms whereby intermediaries like zamindars, jagirdars were abolished. By tenancy reforms, security of tenure and fair rent were ensured. Surplus lands of more than 60 lakh hectares were distributed among landless and marginalised farmers. The maternity benefits Act 1961, and Equal Remuneration Act, 1976 have been  made to protect the interest of women workers. The Nationalisation of 21 banks and abolition of privy purses were made to promote common good.  

3.Social justice has been achieved by making untouchability a crime. The SC, ST Atrocities Prevention Act, 1989 further strengthened the position of these communities. Legal reforms with regard to marriage inheritance and workplace harassment have been carried out. 

Challenges 

1.In spite of the great progress made by India since independence, political corruption, criminalisation of politics, muscle power in the election are on the rise. There is a lesser representation of women in Parliament. Even Pakistan has better women's presentations in Parliament than in India. Similarly, political participation of marginalised groups and women is very much limited in the higher level of governance. 

2. In spite of being the fifth largest economy of the world in nominal GDP, India has become the most unequal society in the world. Only 1% people from the top have captured 22% of the national income and 40% of the wealth of India. The informal sector which produces 92% of the employment suffers from low wages, insecurity of jobs and unhygienic conditions of the workplace. India ranks 108th out of 193 countries in 2022 in the gender inequality index. The labour force participation for women is at 28.3 % which is very low when compared with China, Japan and South Korea.

3. The caste based discrimination is still prevalent in rural areas. Work force participation for women is still low due to gender bias. The minority communities suffer from inadequate representation and frequent communal flare up. 

Conclusion 

1.To sum up, justice in India can be achieved and would be provided to millions of people by adopting inclusive growth, ensuring the economic growth benefits to all sections of the society. This would be ensured by reducing inequality, eradicating poverty, creating employment opportunities, improving social cohesion, reducing gender gap and by achieving  sustainable development goals. 

Reorganisation of States and Union Territories after Independence

 Why is it in the news ?
1. The J & K cabinet led by Chief Minister Umar Abdullah passed a resolution calling for the restoration of the statehood to the Union territory. However, the opposition party criticised the move as the resolution did not take into account the restoration of article 370, giving special status to J & K. 
2. It should be noted that on 5th August 2019, the Union Government abrogated article 370 and thus, snatched away the special status accorded to it by the constitution of India. In addition, the province of J & K was split into two union territories of J & K with legislative assembly and Ladakh with no legislative assembly. 
3. J & K lieutenant Governor Shri Manoj Sinha has cleared the resolution passed by the Umar Abdullah cabinet urging the centre to restore the statehood to the Union Territory. 
4. The official statement said that the restoration of statehood will be the beginning of a healing process, reclaiming the constitutional rights and protecting the identity of the J & K. 
5. The cabinet has authorised the chief minister to take up the matter with the Prime Minister and Government of India for the status of statehood. It has been learnt that the newly elected Chief Minister Umar Abdullah would be proceeding to New Delhi in the coming days to meet the Prime Minister and Union Ministers in this regard. 
6. The downgrading of a state into a Union Territory was the first example in independent India. There are many examples when union territories were upgraded to statehood like Himachal Pradesh, Mizoram, Manipur, Tripura, Goa, Arunachal Pradesh. The contention of the Union Government was that the special status of J & K and downgrading of the state to union territory was done to control separatist forces in the valley. It was necessary to check Pakistani sponsored terrorist activities into the valley. 


History of reorganisation of states and Union Territories in India
1. India is a vast country. It cannot be run from one centre. So to run the administration smoothly, the country has been divided administratively into different provinces. 
2. In the Mauryan Period, there were four provincial centres headed by the scions of the royal family. These centres were Takshila near Peshawar Pakistan, Ujjayini (Malwa), Tosili (Odisha), Suvarngiri (Karnataka).
3. The Sultans of Delhi introduced the Iqta system headed by Mukti or Wali. Later on, these Iqtas became provinces. During the period of Allauddin Khilji, provinces of Bengal, Bihar, Punjab, Badaun (UP), Gujarat, Malwa and Deccan came into existence. 
4. During the Mughal Period, there were 15 provinces during the regime of Emperor Akbar, which increased to 21 during the period of Aurangzeb when he annexed Bijapur, Golkonda, Assam. During the Mughal Period prominent provinces were : Delhi, Agra, Lahore, Bengal, Gujarat Deccan, Bihar, Multan, Malwa, Awadh and Kabul. 
5. During the British Period, India was divided into British India directly controlled by the British Government and Princely states indirectly controlled by it. In British India, there were 12 provinces called Bengal Presidency, Bombay Presidency, Madras Presidency, United Provinces, Punjab, Bihar, Odisha, Central Provinces and Berar, Assam, North West Frontier Province, Sindh, Balochistan, Ajmer-Merwara. Important Princely states were Hyderabad, Kashmir, Mysore, Baroda, Travancore, Bhopal. 
6. After independence there was sharp demand from the Southern States to reorganise states on the basis of language. The union government appointed S K Dhar and later on the J V P (Jawaharlal Nehru, Vallabh Bhai Patel, Pattabhi Sitaramayya) committee. Both committees rejected the reorganisation of states on linguistic basis. 
After the annexation of Princely States into India, the territory of India was reorganised into four categories in 1950.
Part A : Assam, Bihar, Bombay, Madhya Pradesh, Madras, Odisha, Punjab, United Province, West Bengal.
Part B : Hyderabad, J & K, Madhya Bharat, Mysore, Patiala and East Punjab, Rajasthan, Saurashtra, Travancore and Cochin, Vindhya Pradesh. 
Part C : Ajmer, Bhopal, Bilaspur, Cooch Behar, Coorg, Delhi, Himachal Pradesh, Kutch, Manipur, Tripura.
Part D : Andaman & Nicobar island.
7. In 1953, the Union Government was forced to reorganise Andhra Pradesh by carving out the Madras Presidency for Telugu speaking people on account of the death of P Sriramulu of 56 days long hunger strike. 
8. The union Government appointed the Fasal Ali commission consisting of Justice Fazal Ali as chairman , K M Panikar and H N Kunzru as its members. On the basis of the recommendation of the commission, 14 states and 6 UTs were reorganised on 1st November 1956. These states were Andhra Pradesh,  Assam, Bihar, J & K, Kerala, Madhya Pradesh, Madras, Mysore, Odisha, Punjab, Rajasthan, Uttar Pradesh, West Bengal. Six Union Territories were Andaman & Nicobar Islands, Delhi, Himachal Pradesh, Lakshadweep , Manipur, Tripura. Thus, the distinction between Part A and Part B states was removed. Part C states were abolished. Some of them were merged with adjoining states while others were made Union Territories. For example, Ajmer was merged with Rajasthan, Bhopal with Madhya Pradesh, Bilaspur with Himachal Pradesh, Cooch Behar with West Bengal, Coorg with Karnataka, Kutch with Gujarat. While Delhi, Himachal Pradesh, Manipur, Tripura were made Union Territories because of their strategic locations. Similarly, Part B state of Hyderabad was merged with Andhra Pradesh, Madhya Bharat with Madhya Pradesh, Mysore with Karnataka, Patiala and East Punjab with the Punjab Province, Saurashtra with Gujarat, Travancore Cochin was merged with a new state Kerala, Malabar District of Madras and Kasargod district of South Canara were merged with Kerala. 
9.In 1960, the Bombay province was divided into Marathi speaking Maharashtra and Gujarati speaking Gujarat State. 
10. Dadra & Nagar Haveli were liberated in 1954 from Portuguese control. It was made an Union Territory in 1961. In 2020, this Union Territory was merged with Daman & Diu. 
11. The Portuguese enclave of Goa, Daman & Diu were liberated in 1961. It was made a Union Territory in 1962. In 1987, Goa got statehood. 
12. The French Government handed over its enclave of Puducherry, Karaikal, Mahe and Yanam in 1954. In 1962, it was made a union territory. In 1963, Nagaland was carved out from Assam to make it a separate state. In 1966, Punjab Province was divided into Punjabi Speaking Punjab and Hindi Speaking Haryana. Chandigarh was made the joint capital of both the states. 
13. In 1972, Union Territories of Manipur, Tripura and Sub State of Meghalaya got statehood while Mizoram and Arunachal Pradesh accorded the status of Union Territories. These two union territories became full states in 1987. 
14. Sikkim became the 22nd state of India in 1975. In 2000, three states came into existence. Uttarakhand was carved out from Uttar Pradesh, Jharkhand from Bihar and Chhattisgarh from Madhya Pradesh. 
15. In 2014, Telangana was carved out from Andhra Pradesh. In 2019, J & K lost its statehood and was downgraded to UT. A separate Union Territory of Ladakh was carved out from J & K.
16.Thus, as of now there are 28 states and 8 Union territories in India.
Causes for the demands of new States in India after Independence
1.Linguistic and Cultural identity - States like Andhra Pradesh, Gujarat, Maharashtra, Haryana were carved out to meet the linguistic and cultural identity of the people. 
2. Ethnic affinity - States like Nagaland, Arunachal Pradesh, Mizoram, Manipur, Meghalaya, Tripura were made to meet the aspirations of different ethnic communities. The Bodo people of Assam are agitating for separate Bodo land to preserve their ethnic identity. 
3. Economic disparities - States like Uttrakhand, Chhattisgarh, Telangana were created to undo the economic disparities in those regions. People of Vidarbha (Maharashtra), Eastern UP, Mithalanchal in Bihar are agitating for separate statehood because of the economic regional disparities. 
4. Tribal identity - States like Jharkhand and Chhattisgarh were created to meet the aspirations of tribals of those regions where they constitute a large number. The people of Gorkhaland have been agitating for separate statehood to preserve their cultural identity. 
5. Administrative Efficiency -  When a state is very big, it becomes difficult to administer efficiently. That’s why, there is a demand to bifurcate UP in four parts and Rajasthan in two parts. 
Difference between States and Union Territories 
1. Under our constitution, states have got a separate division of power under schedule VII of our constitution. While state assemblies can make laws on subjects listed in State and concurrent list, the Union Parliament can make laws on the subjects included in the Union List. 
Union Territories are directly governed by the Central Government through an Administrator or lieutenant Governor. Delhi, Puducherry and J & K have legislative assemblies but their legislative power is limited when compared to states. For example, the central Government has exclusive jurisdiction in matters relating to land, public order and police in the Union Territory of Delhi. Similarly, In J & K, the central Government has exclusive jurisdiction over security , police and public order. 
2. Except Delhi, Jammu & Kashmir and Puducherry, other Union Territories have no right to send MPs to Rajya Sabha like States. 
3. States have authority to collect certain taxes and receive a share of central taxes based on the recommendation of the finance commission. On the other hand Union Territories are generally more financially dependent upon the central Government.
4. Heads of the states are Governor while head of UTs is the President of India who governs UTs through Lieutenant Governors or Administrators. 

Constitutional Provision

1.According to Article 1 of our constitution, India, that is, Bharat, shall be a union of states. The term union implies that no state has the right to secede from the Union. Nor Union has been made by the agreements among different units (states). The term federation was deliberately not applied in our constitution. Thus, the Union Government is indestructible made of destructible states. Unlike the US, the Parliament is authorised under article 3 to form a new state by separation of territories from any state by uniting two or more states or parts of states or by uniting any territory to a part of any state. The Parliament has power to increase the area of any state, diminish the area of any state and alter the boundaries of any state or alter the name of any state. The changes in the composition of the state can be made by a simple legislation process, It has not to go through constitutional amendment process under article 368. 

Article 3 lays down two conditions in this regard. 

• A bill contemplating any above changes can be introduced in Parliament only with the prior recommendation of the President.

• The President has to refer the same to the state legislature for expressing its views for the specified period. According to the 18th constitutional amendment Act,1966, the Parliament has been empowered to form a new state or Union Territory by uniting a part of any state. The President is not bound by the views of the state legislature or may either accept or reject them. Thus, Parliament is authorised to redraw the political map according to its will. The union Government can destroy the state or UT while states or union territory cannot destroy the Union. In the USA, the territorial integrity of States is guaranteed by the constitution and so no alteration or changes in the composition of states can take place without the consent of the concerned states. 

• However, Parliament cannot cede any territory of India to any foreign country after the constitutional amendment under article 368. 

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Way Out 

1. The Government has launched several measures to address regional disparities in India. It has started a special area development programme, providing incentives to promote investment in backward areas. Major financial institutions are providing concessional finance to backward areas. The Central Government is giving income tax concession, transport subsidy and investment subsidy to the entrepreneurs, and employment opportunities to people below poverty line, especially  SCs/STs in backward regions. Government has instituted backward regions grant funds to meet rural infrastructure needs. Similarly, the North Eastern region is being given top priority to accelerate development there. However, in spite of the efforts of the Government since the First five year plan, the regional disparities could not be reduced. There is a huge disparity between Northern and Southern Regions. Similarly, there is a big disparity between the different parts of a state. This causes resentment and clamour for separate statehood. Similarly, tribal councils under Fifth and Sixth schedule should be strengthened so that tribals are connected with the mainstream of the administration. However, the one state-one language formula must be discouraged. The future states must be carved out taking into account administrative efficiency, cultural homogeneity and emotional bonding of the people of a particular region.