Fundamental Rights and Directive Principles of State Policy aim at the fulfillment of aspirations, ideals and objectives of the constitutional fathers enshrined in the Preamble to the Constitution. The Preamble of the Constitution promises the Indian people social, economic and political justice, liberty to thought, expression, belief, faith and worship and the equality of status and opportunity.
Fundamental Rights mainly guarantee ‘Equality’ and ‘Freedom’ to the Indian citizens, the Directive Principles of State Policy aim at establishing a social system in which they may get social, economic and political justice. The ultimate aim of both is to achieve the ideas of justice, liberty and equality fixed by the Indian Constitution.
Fundamental Rights, Directive Principles of State Policy and Justice:
Justice is an essential condition for the all-round development of the personality of an individual. According to Salmond, “Justice means to distribute the due share to everybody.” Provisions have been made for the attainment of social, political and economic justice for Indian people after the political independence of the country in 1947.
2. Essay on the Social Justice:
Social justice means to abolish social inequalities and to provide equal opportunities to everybody in social life. Before 1947, there were so many social inequalities in India. The framers of the Indian Constitution were determined to end all such inequalities. In order to put an end to social inequalities following provisions have been made in the Fundamental Rights and Directive Principles of State Policy.
They are:
(a) Equality before Law:
In order to provide social justice, it is essential that those who live in the society should be equal before law. Article 14 of Fundamental Rights of the Indian Constitution provides that the State shall not deny to any person equality before law or equal protection of a law within the territory of India. It means that in India, laws do not discriminate between rich and poor, high and low.
(b) Prohibition of Discrimination:
It is essential for social justice that in the society all discriminations should end and there should be no privileged class. Article 15 of the Indian Constitution provides for a ban on discrimination based on caste, color, race, religion, sex etc. Every individual has been given the right to freely visit all shops, public restaurants, hotels, and places of public entertainments, wells, tanks, public bath, roads and other places of public utility.
(c) Equality of Opportunity in Public Appointments:
In order to establish social justice, it is essential that there should equality of opportunity for all citizens in matters relating to appointment to any office. Article 16 of the Fundamental Rights provides for equal opportunities to all the Indian citizens in the matter of public appointments. The government will not discriminate against the Indian people in the matter of public appointments on the basis of caste, color, race, religion, sex and place of birth etc. But the State can keep some seats reserved for the members of scheduled and backward classes in the matter of public appointments.
(d) Abolition of Untouchability:
Article 17 of Fundamental Rights provides for the abolition of centuries old social evil of untouchability. Untouchability has been declared as a punishable offence under the laws.
(e) Abolition of Titles:
In order to bring about social justice, under Article 18 of the Fundamental Rights, the State has been restrained from conferring any title, except military and academic titles.
(f) Prohibition of Exploitation:
Social justice demands that there should be no exploitation of man by man. Article 23 and 24 of the Indian Constitution provides for the abolition of all sort of exploitation. Article 23 provides for a ban of human trade, ‘Begar’ or work without any wages and getting work done against the will of the individual. Similarly Article 24 provides for a ban on dangerous work being got done by children below the age of 14 years. The aim of these Articles and provisions is to end slavery and bonded labor.
(g) Promotion of the Interests of Backward and Weaker Section of Society:
Through the provisions of Fundamental Rights and Directive Principles of State Policy, the State has been given directions for the protection of the interests of backward and weaker sections of the Indian society. It is the sacred duty of the State to protect the people from exploitation and social injustice.
(h) Protection of the Interests of Minorities:
In order to protect the interest of minorities and to save them from the exploitation of majority community. Article 24 of the Indian Constitution gives the right to protect and preserve the language, script and culture to the people living in any part of the country. According to Article 30, the minorities have been given the right to establish and administer their own educational institutions.
(i) Special Facilities for Weaker Sections of Society:
Social justice demands that special facilities should be provided by the State to improve the conditions of weak and backward classes of society. There is provision both in the Fundamental Rights and the Directive Principles of State Policy that the State shall promote the educational and economic interests of weaker sections, especially of backward classes, scheduled costs and scheduled tribes and protect them from social injustice and exploitation.
In short it can be concluded that with the provision of Fundamental Rights and Directive Principles of State Policy almost all the arrangements have been made for the establishment of social justice in the country.
3. Essay on the Economic Justice:
Economic justice means that the individual is provided with the bare necessities of food, clothes and shelter, the abolition of the unequal distribution of wealth and the provision of equal and appropriate opportunities for the earning of his livelihood. The provision of economic justice is essential for the attainment of social justice and the success of democracy. The chapters of Fundamental Rights and Directive Principles of State Policy make the following provisions for the attainment of economic justice in the country.
They are:
(a) Right to Property is made Legal Right:
According to the 44th Constitutional Amendment, the Right to Property has been made merely a legal right. For the fulfillment of this objective Article 300 (A) has been inserted into the Constitution. The aim of this amendment was to remove the obstacles in the path of the establishment of economic justice.
(b) Adequate Means of Livelihood:
In order to give economic justice, it is essential to fulfill the basic needs of the public. Article 39 (a) of the Directive Principles says that the State shall direct its economic policy in such a way that all citizens have the right to an adequate means of livelihood. According to Article 41, the State shall within the limits of its economic capacity and development, make provision for work to all citizens.
(c) To Check the Concentration of Wealth and Means of Production:
For the establishment of economic justice it is essential to check the concentration of wealth and the means of production in fewer hands. The Indian Constitution makes a provision for the acquisition of property of the people by the State for the furtherance of the public interest. Article 39 (b) provides that the ownership and control over the material resources would be conducted in such a manner as to do public welfare. According to Article 39 (c), the economic organisation in the country would be controlled in such a manner that wealth is not concentrated in the hands of fewer people and the means of production are not used against the interests of Indian people.
(d) Equal Pay for Equal Work:
Economic justice requires that men and women should get equal pay for equal work. Article 39 (d) of the Indian Constitution provides that the State shall endeavor to secure equal pay for men and women for equal work.
(e) Protection against Economic Exploitation:
For the establishment of economic justice, it is essential that there is no economic exploitation of one class by another class. Under Article 23 of the Fundamental Rights, traffic of human beings, beggar and bonded labor are prohibited. Besides, in Article 39 (e) of the Directive Principles of State Policy, it has been provided that the State shall see that health and strength of workers, men and women and the tender age of children are not abused. The workers will not be forced by economic necessity to enter vocations unsuited to their age or strength.
(f) Social Security:
Economic justice demands that arrangements should be made to give economic assistance to those who are unemployed, old age and sick. Article 41 of the Directive Principles of State Policy provides that the State working within its resources and the limits of its progress and development, shall made available public assistance in cases of unemployment, old age and sickness.
(g) Participation of Workers in the Management of Industries:
Workers participation in the management of industries ensures economic justice. Article 43A of the Indian Constitution provides that the State shall take steps by suitable legislation or in any other way to secure participation of workers in the management of industries.
4. Essay on the Political Justice:
By the term political justice it is implied that the citizens equally share the use of political power in the State so that they may be able to associate themselves with the administration and also fully enjoy all types of political freedom. Article 326 of the Indian Constitution entitles every Indian citizen above the age of 18 years to exercise his right to vote to elect his representatives without any sort of discrimination or limitations. In addition to this, the following provisions have been made for the attainment of political justice through the operation of Fundamental Rights and Directive Principles of State Policy.
They are:
(a) Right to Hold Public Office:
Political justice can be established if all the people are given equal rights to occupy public offices. Article 16 of the Constitution provides that there should be equality of opportunities for all citizens in matters relating to employment or appointment to any office under the State. No citizen shall be discriminated against on ground of religion, race, caste, sex and place of birth.
(b) Right to Criticise the Government:
Article 19 of the Indian Constitution empowers the citizens of India with the freedom to express his views. In this way every Indian citizen gets the right to criticise the Government and thus plays his role in making the government a responsible one.
(c) Right to form Political Organisations:
According to Article 19 of the Indian Constitution, the Indian citizens are empowered to form political organisations for the protection of their interests.
(d) Right to Protest:
The Indian citizens have also been given the right to protest. They can demonstrate their protest against the government by means of observing strikes, processions, rallies and public meetings etc.
(e) Protection of Rights:
In order to get political justice it is essential that the rights of all citizens should be equally protected. Article 32 of the Fundamental Rights in the Indian Constitution clearly states that citizens can appeal to the High Courts and the Supreme Court for the protection of their Fundamental Rights. The Courts can issue writs for the protection of fundamental rights.