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: 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. It also determines the concept of Processual Justice based on natural law which is the very basis of not only substantive law but also the remedial justice. Legal maxims like Nemo Judex In Propria Cause (no one can be a judge in his own case); Audi Altrem Partem (here the other side or party) plays a vital role. Economic Justice
It demands that all citizens should have adequate opportunities to earn their livelihood and get equal pay for equal work, which could substantially help them in fulfilling their basic needs. From financial inclusion to better health care the state government should create opportunities for them by generating employment opportunities, following MNREGA, RSBY and so on.