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(GIST OF YOJANA) Rule of Indian Constitution in Promoting Social Justice

(NOVEMBER-2024)

Rule of Indian Constitution in Promoting Social Justice

Introduction

The notion of transformative constitutionalism demands governmental engagement to realize social equity. During the nationalist movement, discussions highlighted the significance of ideas throughout history. Basic rights were instituted to encourage social upheaval, aspiring towards a community where every citizen experiences freedom from coercion or limitations set by the state or society. A primary objective of the Indian Constitution is to foster the establishment of an equitable society, with social justice as a pivotal aim.

Role of the Constitution as an Instrument of Social Change

Scholarly Perspectives on Indian Constitutionalism:

Academics like Granville Austin perceive the Indian Constitution as a vehicle for social upheaval.
The Constituent Assembly acknowledged the Constitution’s capacity to transform society.

Differentiation from Liberal Constitutionalism:

Indian Constitutionalism (20th century) is distinct from American Constitutionalism (18th century), as emphasized by Uday Mehta.
American Constitutionalism centered on skepticism and limitation of political authority.
Indian Constitutionalism signifies a revolutionary break from longstanding norms, aiming to change caste and religion through political means.

Rajiv Bhargava’s Insight:

Bhargava observes the Indian Constitution's objective to liberate society from social stratification.
It marks an important milestone in constitutional theory, empowering historically oppressed communities.

Diverging Approaches to Social Justice

Transformative Constitutionalism: Promotes state involvement in society to nurture social equity.
Gandhian Approach: Gandhi advocated for moral improvement starting with individuals, spreading to society. He emphasized minimal governmental intervention and personal accountability. S.N. Agrawal endorsed a lean state with significant individual responsibility.
European and American Influences: The Constituent Assembly contemplated whether to adopt a conventional or unconventional method for driving social change. K.M. Pannikar emphasized the Constitution's dedication to transforming society based on innovative principles.

Fundamental Rights as Instruments of Social Change

Articles Advocating Social Justice:

Article 17: Eliminates untouchability.
Article 15(2): Guarantees non-discrimination in public areas (regardless of religion, race, caste, gender, birthplace).
Article 23: Bans practices such as bonded labor and human trafficking.

Extent of Rights:

Fundamental Rights transcend governmental actions to encompass civil society.
Baxi highlights how the Constitution empowers the state to intervene against inhumane practices within civil society.

Strengthening Marginalized Communities:

The Constitution requires legislative reservations and quotas in education and employment for Scheduled Castes, Scheduled Tribes, and underprivileged groups.

Essential Provisions of the Constitution Advancing Social Justice

We the People: The Preamble accentuates collective identity, equality, and status, irrespective of caste, religion, or ethnicity. It represents a departure from colonial subjugation and underscores independence.
Universal Adult Suffrage: The one person, one vote principle epitomizes equality within a hierarchical society. Categorical Inclusion Principle grants full citizenship based solely on adulthood.
Abolition of Untouchability: Article 17 prohibits untouchability, eradicating historical caste-based discrimination.
Right to Equality: Acknowledges substantive equality, extending beyond mere formal equality. Special protective legislation for marginalized demographics.
Directive Principles of State Policy: Aim to liberate Indian masses from both social and natural limitations, encouraging social transformation.

Conclusion

It asserts that conventional identities endure, suggesting limited achievements in realizing social change. It views collective rights as promoting cohesion within a democratic structure; caste and religion have become increasingly institutionalized and democratic. The Indian state actively intervenes to empower marginalized groups, in contrast to non-interventionist liberal frameworks, fostering egalitarian social progress.