Distributive justice is concerned with the fair allocation of resources among diverse members of a community. Fair allocation typically takes into account the total amount of goods to be distributed, the distributing procedure, and the pattern of distribution that result. The concept of social justice was initiated by Dr. Ambedkar was the first man in history to successfully lead a tirade of securing social to the vast sections of Indian humanity, with the help of a law. Social justice denotes the 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 section of the society, and improvement in the conditions of backward classes (SCs, STs, and OBCs) and women. Social Justice is the foundation stone of Indian Constitution. Under Indian Constitution the use of social justice is accepted in wider sense which includes social and economic justice both. “In this sense distributive justice holds the aims of equal opportunity to every citizen in the matter of social & economical activities and to prevent inequalities”.
Article 38 requires that the state should make an effort to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice social, economic and political shall inform all the institutions of national life. Article 39 clause (a) says that the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular provide free legal aid, by suitable legislation or schemes, or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
The role of the Legislative body and the Judiciary has been of a great importance regarding the concept of Distributive Justice. There has been much legislation made in order to make the balance in the social and economic aspects of the society and in order to prevent the inequalities between the poor and rich as per the article 38 and 39 of the Indian Constitution. There have been many times contradiction took place with the laws made by the legislative body and the judiciary as with regard to the free legal aid, different schemes for the deprived section of the society.
The laws are saying something and the judgments are according to the facts and the situations. Therefore, the role of the state in this regard and the implementation of these two articles by the judiciary through the judgments is also an important objective to be seen. RESEARCH PROBLEM The concept of Distributive Justice has been a major concern since the drafting of the Indian Constitution in order to bring up the deprived section of the people into the mainstream society, to prevent the inequalities regarding the race, caste, sex, religion and the economic aspect of the Indian society.
It is necessary to examine the role of the State in implementing the laws with regard to article 38 and 39 of the Indian Constitution. It is also needed to ascertain role of Judiciary in implementing the same as aforesaid. There have been many contributions by Judiciary in the line of the Distributive Justice to the weaker sections of the society. To ascertain the relevance of the article 31 A and 31 B with the enforcement of the laws stated by the Legislative Body in ensuring the distributive justice in the society. EXISTING LEGAL SCENARIO.
Despite the well intentioned commitment of ensuring social justice through equalization or protective discrimination policy, the governmental efforts have caused some tension in the society. In the name of social justice even such activities are performed which have nothing to do with social justice. The need of hour is to ensure the proper and balanced implementation of policies so as to make social justice an effective vehicle of social progress. Successive governments have attempted to meet the basic needs of people by spending large sums of money on various subsidies, a variety of employment generation and poverty alleviation schemes.
While these schemes have created a huge distributive bureaucracy only a small percentage of the sums sanctioned actually reach the intended recipient groups. They have bred corruption on a massive scale. A phenomenal amount of resources are wasted, destabilising public finances, harming economic development and burdening future generations. Alongside of measures to liberalise the economy which would create new employment opportunities, there is need to encourage entrepreneurship and self-employment particularly in the light of fast developing technology.
This would spur an upward movement of people and each entrepreneur can provide work for one or more persons. Without administrative and political decentralisation the goals of social justice may not be accomplished. Letting people decide what their development needs are will not only generate social and political awareness among them but also instill a sense of self-respect and build strong leadership at the local and community levels. There are many laws and schemes provided by the government for the welfare of the society but how the laws are enforced and how it is been utilized for the people in the society is a main concern. SCOPE AND OBJECTIVES.
The scope of this research paper entitled “An analysis of the concept of Distributive Justice as reflected in article 38 and article 39 of the Indian Constitution” is not just limited to the critical analysis of article 38 and 39 but also to conduct an indepth research to understand the jurisprudential aspect of the concept of Distributive Justice. Based on the following objectives will be covered in this research: 1. To understand the meaning of the term Distributive Justice in the jurisprudential aspects. 2. To elucidate the various constitutional provisions those are based on the idea of Distributive Justice.
3. To know the jurisprudential and constitutional perspective of the articles 38 and 39 of the Indian Constitution. 4. To examine the role of the State and judiciary in implementation of these articles for providing socio-economic and political liberty to the citizens of the country. 5. To ascertain the significance of various government schemes for promoting socio-economic equality in the society especially among the deprived sections. 6. To illustrate the various loopholes in the implementation mechanism which leads to the failure of numerous government attempts for promoting equality in the society.
METHODOLOGY The methodology applied in this research is inclusive of analytical and interpretative methods as the topic demands a critical analysis of various constitutional provisions like article 38 and article 39 along with the role of the state and the judiciary that act as the implementation mechanism. The source of data collection is both primary and secondary. The research is also inclusive of the case study method as certain landmark cases will be included in this project. BIBLIOGRAPHY BARE ACT * The Constitution of India, 1950 BOOKS.
* Rawls, John, A Theory of Justice, Universal Law Publishing Company Private Limited, 2011 * Koul, Avtar Krishen, A Textbook of Jurisprudence, Satyam Law International, 2009. * Myneni, S. R. , Constitutional Law, Asia Law House, (1st ed. ), Vol. I and II, 2011 * Jain, M. P. , Indian Constitutional Law (With Constitutional Documents), (6th ed. ), Lexis Nexis Butterworths Wadhwa, 2010 WEB SOURCES * http://webuser. bus. umich. edu/dmmayer/Conferenc%20Proeedings-Book%20Chapters/Encyc%20Social%20Psych. pdf, visited on 25/08/2013 * http://iitbwritersblocwordpress. com/2012/06/27/constitution-of-india-and-social-justice-shashikant/, visited on 25/08/2013.
http://www. lawyersclubindia. com/articles/Concept-Of-Social-Justice-Under-Indian-Constitution-3685. asp#. Uhw8vX9vJ-s, visited on 25/08/2013 -------------------------------------------- [ 1 ]. John Rawls, A Theory of Justice, Universal Law Publishing Company Private Limited, 2011, New Delhi, p. 125 [ 2 ]. Available at http://iitbwritersbloc. wordpress. com/2012/06/27/constitution-of-india-and-social-justice-shashikant/, visited on 25/08/2013.