THE PHILOSOPHY OF DISTRUBUTIVE JUSTICE AND ITS RELEVANCE UNDER INDIAN CONSTITUTION
The jurisprudence of distributive justice, according to juristic cynics, is an essay in illusion. The basic social system is built on gross inequalities and the power to lobby and mould State policy, even judicial policy, is heavily in the hands of the proprietariat. Being social realists and meliorists we have to work with the materials that we have and try to read the constitutional provisions in such a manner that the human essence of distributive justice is won by dynamic interpretation and socialist understanding. The Indian Constitution visualizes an affirmative State action for bringing about a new social order based on justice, social, economic and political (Art. 38). The Directive Principles of State Policy contain the directions of change towards such a new social order. The researcher has examined various theories of justice and has examine how the John Rawl’s theory of justice which means that justice is fairness is the most apt for the Indian situation. Even in the Constitution we find different strategies of justice. Keywords: Justice, Distributive Justice, Constitution.
Ever since the birth of society, justice has been one of the most important quests of human endeavor. Justice means giving one what is due to him. As a principle of law, justice delimits and harmonises the conflicting desires, claims and interests in the social life of the people. In the modern society if we take the view that all its problem of distribution then the recourse is left open to distributive justice and nothing else. Distributive justice embraces the whole economic dimension of social justice, the entire question of distribution of goods and services within the society. It demands equality in the distribution or allotment of advantages or burdens. The aim of distributive justice is to strike a balance in the socio-economic structure of the society and bring equipoise between the conflicting interests of individual citizens. It is submitted that the problem of distributive justice in one sense is more a matter of procedural fairness to individuals than of substantive rightness or wrongness of the rules themselves. More specifically, it would seem that even bad rules can be applied justly and good rules in an unjust way, but it does not mean that it is not the concern of the substantive law. Much will depend upon the structure of the society. To establish distributive justice we must create a public system of rules by reference to which the conflicting claims which inevitably arise can be authoritatively determined. Distributive justice essentially is the function of a just society. The problems of Indian society are so complex, perplex and varied that a single formula for distributive justice cannot be found. The Constitution of India talks of justice in the Preamble as well as in Article 38 of the Constitution which is a directive principle of state policy. The Constitution talks not of justice but of social, economic and political justice. It does not merely envisage a system of corrective justice in which rights and obligations arising out of the present social structure are enforced. It clearly saw that the existing structure was unjust and needed to be changed. This is what we call distributive justice.
PHILOSOPHY OF JUSTICE AND DISTRIBUTIVE JUSTICE
Ever since men have begun to reflect upon their relations with each other and upon the vicissitudes of human lot, they have been preoccupied with the meaning of justice. Justice shares with natural law an institutional immortality which presents a constant paradox: it is so ancient that everything has been said about it, and so modern that it constitutes a continuous and inescapable problem in the ever-changing context of a contemporary society. Justice, as Aristotle said, “is the bond of men in society.” and “States without justice” are as St. Augustine...