Socio-Economic Justice in India

Email

Whatsapp

Facebook

Pinterest

Twitter

Copy link

Preface

I have the Pleasure of Presenting the first edition of my little creation," socio-economic justice in Indian," Without any claim to its perfection. This book has been Planned to fulfill the need of the students, research Scholars, social-scientists, politicians etc. The socio-economic justice in our society is the demand of the present time. It is this demand which prompted me to under-take preparation of this book. The idea of writing such a book was dormant in me for this book the idea of Writing such a book was dormant in me for quit some time. My several teacher Dr. kamaldeo Narayan Singh's enthusiastic inspiration helped me to resolve to embark on this no so brief a voyage. The result is a little creation on socio-Economic Justice, which I am sure will be welcomed by every sections of our society.

Human efforts can never be perfect. I have tried my best to fulfill the curiosity of readers of each and every section. The book is just like a ready recknor and eye-opener for law-framers researchers and social workers. It will prove milestone for socially, economically and politically depressed sections of our society.

I am thankful to the scholars and learned men of my company who en couraged me to take this handsome work in hand, without whose moral sup-port I could not have been able to complete such an ambitions project It is my moral duty to pay my thanks to the authors and publishers whose consultation proved helpful in preparing the manuscript.

I pay my sincere thanks to the publisher sir Nand Kishor Singh who gave my effort a concrete form.

I am highly grateful to the Hon'ble Education minister, government of Bihar and my guardian sir Hari Narayan Singh Who gave me fatherly assis tance and moral support in completing this long awaited project.

I also acknowledge the help of my colleagues for their unstinting support in the final preparation of the book. I am grateful to each one of them. 1 specially thanks to dear Friend Dr Shailendra Kr. Sinha.

I also appreciate my wife Manju For unceasing support to me during writing of this book. I concede that any such endeavour leaves scope for further addition and improvement. Any suggestions that would enhance the quality of the book or enrich its contents would be highly appreciated.

Introduction

The preamble of the Indian Constitution states that the people of India have solemnly resolved to secure to all its citizens: Justice-social, economic and political.....Equality of status and of opportunity". The Objective Resolution¹ from which the above phrase has been carved out states: "The Constituent Assembly declare its firm and solemn resolve". ..to draw up for her future governance a Constitution-

(a) wherein shall be guaranteed and secured to all the people of India justice-social, economic and political; equality of status, of opportunity, and before the law... and

(b) wherein adequate safeguards shall be provided for minorities, backward tribal areas, and depressed and other backward classes".

Thus, the concept of socio-economic justice which is enshrined in the preamble contains the aspirations of the people of India who have established the Constitution. However, to find its actual connotations and intentions of the framers of the Constitution incorporating it, a reference to the Constituent Assembly debates becomes inevitable.

During the course of discussion on the objective Resolution in the Assembly, there emerged two different opinions on the phrase relating to socio-economic justice. According to the first view, the phrase should have been so drafted as to express clearly the acceptance of the doctrine of socialism. Supporting this view Dr. B.R. Ambedkar, the Chairman of the Drafting Committee of the Assembly stated that if this resolution "has a reality behind it and a sincerity......, whereby it would have been possible for the State to make economic, social and political justice a reality and I should have from that point of view expected the Resolution to state in most explicit terms that in order that there may be social and economic justice in this country, there would be nationalisation of industry and nationalisation of land. I do not understand how it could be possible for any future Government which believes in doing justice, socially, economically and politically, unless its economy is a socialist economy.

The above view was not shared by many others who thought that the Assembly had no sufficient mandate to incorporate in the Constitution such an economic policy of doctrinaire character. Some other members felt that the incorporation of such an economic policy might impart rigidity into the Constitutional framework and make the same unworkable. Alladi Krishnaswami Ayyar, therefore, pointed out that the Constitution should not be rendered rigid by incorporating in clear terms a particular economic policy, and it should "contain the necessary element of growth and adjustment needed for a progressive society. Speaking in support of the phrase, Pandit Jawahar Lal Nehru, who was the sole architect of the Objectives Resolution, said: "If, in accordance with my own desire, I had put in that we want a socialist state, we would have put in something which may be agreeable to some and we wanted this Resolution not to be controversial in regard to such matters. Therefore, we have laid down, not theoretical words and formulae, but rather the content of the thing we desire."" In view of this explanation given by Nehru, the phrase dealing with socio-economic justice was accepted without any change.

The final adoption of the phrase without any change shows that the founding-fathers of our Constitution clearly laid down socio-economic justice as a goal to be achieved by the future governments in India, and did not favour the idea of incorporating in the Constitution particular means to achieve it. Thus, every government which purports to act within the Constitutional framework is duty bound to strive to secure socio-economic justice for the citizens, but what means it should adopt to achieve the goal is left to each government to decide in accordance with particular mandate it received from the people in each election. In other words, the Government is free to employ any means to achieve the goal of socio-economic justice but it is not free to change the goal which it it does, would be a fraud on the Constitution which is the Supreme lex of the land.

This further takes us to understand the real meaning of the concept of socio-economic justice. The opinions expressed by some of the members in the Assembly may, perhaps help us to find out its real meaning. According to M.R. Masani, the phrase "socio-economic justice", clearly rejects the present social structure and the social status quo. "It also means", in his view, "what the people of this country, so far as any Constitution can endow them, with great social security- the right to work or maintenance by the community". In Masani's view, the Objective Resolution also "envisages far reaching social change-social justice in the fullest sense of the term-but it works for those social changes through the mechanism of political democracy and individual liberty.

Speaking on the same subject, Seth Gavind Das said: "Keeping in view the conditions of the world and the plight of India, we can say that our Republic will be both democratic and socialist... If true peace is to be realised, it can only be realised through socialism. No other system can give us true peace. As to the economic justice, N.V. Gadgil said that it could only be secured if the means of production in the country are owned by the community as against the private individuals. 12 Referring to socio-econcmic justice contemplated in the Resolution S. Radhakrishnan said that it intended to effect a smooth and rapid transition from a state of serfdom to one of freedom. 13 Advocating the need for such a change, he said, "It is therefore necessary that we must remake the material conditions; but apart from remaking the material conditions, we have to safeguard the liberty of human spirit".

The various views expressed by the members of the Constituent Assembly relating to the meaning and content of the concept of socio-economic justice indicate a three-fold trend: First, the concept means the rejection of the "present social structure and the social status quo"; secondly, it contemplates a smooth and rapid "transition from a state of serfdom to one of freedom", and thirdly, it envisages re-making of material conditions. This preambulary concept of socio-economic justice has been translated by the founding-fathers into specific provisions in Part III and IV of the Constitution.