Justice and its Kinds | Jurisprudence - CLAT PG PDF Download

Concept of Justice

The concept of justice has been integral to human society since its inception. Individuals living within a society desire peace, but they often encounter conflicts of interest. Justice, as emphasized by jurists like Salmond and Roscoe Pound, is crucial in ensuring rightful conduct among individuals.

As law, regulated by the state, evolved, so did the concept of justice, which expanded to encompass various aspects of human activity. Legal justice aims for uniformity and certainty while respecting the rights and duties of all individuals. It embodies impartiality, and violations of justice, enforced by law, lead to state-sanctioned punishment.

Definition

• Derived from the Latin word 'Jungere,' meaning to bind or tie together, justice is seen as the fundamental principle that binds individuals in society, fostering harmony and balancing interests.
• Blackstone:"Justice is a reservoir from where the concept of right, duty, and equity evolves."
• Salmond:"Though every man wants to be righteous and just towards him, he himself being 'selfish' by nature may not be reciprocal in responding justly." He emphasized the necessity of an external force to maintain order and the unthinkability of society without justice.

Justice Types

• Social Justice
• Economic Justice
• Political Justice
• Legal Justice

Social Justice

• Chief Justice P. B. Gajendragadkar defines social justice as the elimination of all forms of social inequalities and the provision of equal opportunities for all. Former Chief Justice M. C. Chagla emphasized that contemporary legislation cannot be interpreted without considering the principles of social justice. The Supreme Court, in the case of State of Mysore v. Workers of Gold Mines, highlighted social justice as a dynamic concept with a revolutionary impact, integral to the rule of law and state welfare.
• Social justice aims to uplift underprivileged sections without unduly harming the interests of the privileged. It is reflected in Articles 14 (equality before law), 15 (prohibition of discrimination), 16 (equality of opportunity in public employment), and 39 (b) and (c) of the Indian Constitution. Social justice also underpins Processual Justice, rooted in natural law, and is guided by legal maxims like Nemo Judex In Propria Cause(no one can be a judge in his own case) and Audi Altrem Partem(hear the other side).

Economic Justice

• Economic Justice ensures that all citizens have adequate opportunities to earn a livelihood and receive equal pay for equal work, which is essential for meeting their basic needs. This involves financial inclusion,improved healthcare, and the creation of employment opportunities through initiatives like MNREGA(Mahatma Gandhi National Rural Employment Guarantee Act) and RSBY(Rashtriya Swasthya Bima Yojana). It also entails fair and equitable distribution of wealth and resources, aiming to narrow the gap between the rich and the poor.

Political Justice

• Political Justice refers to the granting of equal political rights and opportunities to all citizens, enabling them to participate in the administration of the country. 
• This includes the legality of the right to vote and the ability to contest elections freely and fairly.

Legal Justice

Legal Justice has two key dimensions:

• the formulation of just laws, and
• the administration of justice according to those laws.

When making laws, the will of the rulers should not override the will of the ruled. Laws must be based on public opinion and public needs, taking into account social values,morality, and the concepts of just and unjust. Legal Justice emphasizes the rule of law rather than the rule of individuals. Objective and fair dispensation of justice by the courts is a crucial aspect of Legal Justice.