Distributive Justice and Its Relevance Under Indian Constitution

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PAPER ON THE TOPIC 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,…show more content…
The power of justice is so great that it strengthens and excites a person fighting for just cause. All wars have been fought by all parties in the name of justice, and same is true of the political conflict between social classes. On the other hand, the very fact of this almost ubiquitous applicability of the principle of justice prompts the suspicion that something may be wrong with an idea that can be invoked for any cause. Social groupings of today are dynamic, not static, and they do not find the ideal equipoise in a condition of mere imperturbability. Justice is considered to be the primary goal of a welfare state whose very existence in turn rests on the parameters of justice. The greatest contrast, however, between ancient and modern thinking about the social harmony of justice is in the changed conception of individual personality in relation of law. I. The problem of Justice The importance of the subject of justice and the frequency of its use would naturally lead one to believe that there is an accepted definition of justice or, if not, at least a workable definition of justice is capable of being carved out. But defining justice is not as easy as it appears to be. There are difficulties inherent in the concept of justice and it is because of this reason that it is wholly indeterminate and belies all attempts to define it. Hens Kelsen perturbedly remarked: No other question has been

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