Title: Concept of Justice
Headings: Concept of Justice
Concept of Justice
Concept of Justice | Overview
Introduction
Definition
Types of Justice
Social Justice
Economic Justice
Political Justice
Legal Justice
Administration of Justice
Origin
Concept
Classification
Civil justice
2. Criminal Justice
Theories of Punishment
Deterrent theory
2. Retributive theory
3. Preventive theory
4. Expiatory theory
5. Reformative theory
Rhythm Twinkle
Sources
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Content: In the words of jurists-
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.” According to him, some kind of external force is necessary for maintaining an orderly society, and without justice it is unthinkable. Types of Justice
Justice represents itself in kinds mainly:-
Social Justice
In the words of Chief Justice, P.B.Gajendragadkar-social justice means ending all kinds of social inequalities and then provide equal opportunities to all. Commenting on social justice Mr. M.C. Chagla, the former Chief Justice of the Bombay High court observed in the case of Prakash Cotton Mills v. State of Bombay, 1957 II LLJ 490 (Bom) that “ we are no longer living in the laissez-faire….. it is true that social justice is imponderable and we asked not to introduce the principles of social justice in constructing legislation that comes for interpretation before us. But in our opinion, no economic, social or labor legislation can be considered by the court without applying the principles of social justice in interpreting these related provisions of law.” While in the case of State of Mysore v. Workers of Gold Mines 1958 II LLJ 479 (SC) the Supreme Court observed that the concept of social justice is a living concept of revolutionary impact: it gives substance to rule of law and meaning and significance to the idea of welfare of the state. Thus, the concept of social justice aims to uplift the underprivileged section without unduly and unreasonably affecting the interests of the upper section of the society. The concept of social justice finds its expression in Articles 14 (equality before law), 15 (prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth), 16 (equality of opportunity in matters of public employment) and 39 (b) and (c) [ (b) ownership and control of the material resources and its equal distribution, (c) operation of the economic system not resulting to the concentration of wealth and means of production to the common detriment], of the constitution of India.