Equality

Topics to be covered: Concept of Equality

Dimensions of Equality
Introduction
  Of all the basic concepts of social, economic, moral and political
philosophy, none is more confusing and baffling than the concept
of equality because it figures in all other concepts like justice,
liberty, rights, property, etc.
Introduction  Under the impact of liberalism and Marxism, equality acquired an
altogether different connotation.
 Contemporary social movements like feminism,
environmentalism are trying to give a new meaning to this
concept.
  Yet, as humans, we believe, and rightly so, that we are essentially
equal and possess equal worth especially when it comes to
realizing this ideal in social, economic and political structures of
our society.
Introduction  Along with other political values such as justice or liberty, equality
offers us a moral framework that we draw upon to make political
judgements, and explain, prescribe or criticize certain political
views and forms of political action.
  A normative concept
 the concept of equality is relative
 In fact, all human societies are characterised by some form of social
inequalities in terms of class, status, power and gender. While
studying the concept of equality, the contradiction between equality
as a general value of modern society and inequality at a practical
Equality level, as a fact of all human societies must be kept in mind.

 Equality is not identity of treatment or reward. There can be no

ultimate identity of treatment so long as men are different in
wants, capacities and needs.
 equality can be understood in its negative and positive aspects.
  Ever since the rise of the idea of equality, it has been engaged in
dismantling certain privileges whether they were feudal, social,
economic, etc. Thus negatively, equality was associated with ‘the
end of such privileges’.
 Positively, it meant ‘the availability of opportunity’ so that
everybody could have equal chance to develop his personality.
Concept of  Explaining the meaning of equality in the positive context, Laski
Equality said that equality means:
 i) Absence of special privileges: Equality of rights.
 ii) That adequate opportunities are laid open to all.
 iii) All must have access to social benefits and no one should be
restricted on any ground. The inequalities by birth or because of
parentage and hereditary causes are unreasonable.
 iv) Absence of economic and social exploitation.
  According to Basker, ‘The principle of equality, accordingly means
Concept of that whatever conditions are guaranteed to me in the form of
rights shall also and in the same measure be guaranteed to others
Equality and that whatever rights are given to others shall also be given to
me’.
  Thus, negatively equality implies abolition of all special privileges
and facilities which may be available to some classes or some
persons in society. It also stands for the abolition of all man-made
Concept of inequalities and discriminations.

Equality  Positively Equality stands for equal rights, equitable distribution of

resources , equal opportunities for development and relative
equality with due recognition of merit, abilities and capacities of
various persons.
  According to Bryan Turner, the concept of equality in the
contemporary world should include the following:
 i) Fundamental equality of persons: The first kind of equality i.e.,
equality of persons, is common to cultural, religious and moral
traditions typically expressed in statements such as ‘all are equal in
the eyes of God’.
 ii) Equality of opportunity: This means that the access to important
social institutions should be open to all on universalistic grounds,
especially by achievement and talent.
Concept of  iii) Equality of conditions where there is an attempt to make the
conditions of life equal: all competitors in the race should start at the
Equality same point with appropriate handicaps.
 iv) Equality of outcome of results: In short, it means that through
legislation and other political means, equalities of results are
achieved regardless of the starting point or natural ability.

Thus, in order to understand the meaning of equality, we have to keep

the different notions of equality in mind. Historically, while the liberal
democratic tradition has favoured the idea of equality of opportunity
and conditions, the equality of outcome has been a part of the
platform of socialist policies aimed at redressing the inequalities
generated by competition and the market place.
  1. Equality does not stand for absolute equality. It accepts the
presence of some natural inequalities.
 2. Equality stands for absence of all unnatural man- made inequalities
and specially privileged classes in the society.
 3. Equality postulates the grant and guarantee of equal rights and
freedoms to all the people.
 4. Equality implies the system of equal and adequate opportunities for
all the people in society.
Equality:  5. Equality means equal satisfaction of basic needs of all the persons
Features: before the special needs’, and luxuries of some persons may be met.
 6. Equality advocates an equitable and fair distribution of wealth and
resources i.e. Minimum possible gap between the rich and poor.
 7. Equality accepts the principle of protective discrimination for
helping the weaker sections of society.
 In the Indian political system, right to equality has been given to all and
yet there stands incorporated provisions for granting special protection
facilities and reservations to persons belonging to Scheduled Castes,
Scheduled Tribes Other Backward Classes, minorities, women, and
children.
  The question that arises is which distinctions and differences are
acceptable and which are not?
 When people are treated differently just because they are born in
a particular religion or race or caste or gender, we regard it as an
unacceptable form of inequality.
Acceptable  But human beings may pursue different ambitions and goals and
and not all may be equally successful. So long as they are able to
develop the best in themselves we would not feel that equality has
unacceptable been undermined.
Inequality  Some may become good musicians while others may not be equally
outstanding, some become famous scientists while others more
noted for their hard work and conscientiousness. The commitment
to the ideal of equality does not imply the elimination of all forms of
differences. It merely suggests that the treatment we receive and
the opportunities we enjoy must not be pre-determined by birth or
social circumstance.
 Thus , equality is giving equal opportunities to all living in the state
so as to reduce disparities existing in the society, fulfilling basic
needs of all the individuals and providing equal opportunities on
the basis of ones ability.
Equity vs Equality
Equality vs
Equity: Equality is the
even distribution of resources
across all people. Equity, on
the other hand, is the
distribution of resources
based on need.
Gender
inequality
  You can't achieve equality without first achieving equity. Is
"equality" an outdated term? No. Equality works if everyone needs
the same thing. Equality is not enough, however, if you are trying
Why Is Equity to help people live better lives and rectify unfairness.
Important?  Equality assumes that everybody is the same and everybody
needs the same thing. Some people need more, however, because
they started with less.
Dimensions of Equality
  Equality is a multi-dimensional concept. The need for equality is
felt in different fields of social life. Historically also, the demand
for different dimensions of equality was neither raised
Introduction simultaneously nor with the same intensity.
 While liberalism laid more emphasis on legal-political dimensions
of equality, the socialists preferred socio-economic equality. The
different dimensions of equality are:
 Legal Equality

Dimensions
Political Equality

Economic
Equality

Social Equality
Legal Equality
Legal Equality: 1. Equality before Law
2. Equal Protection of Law
Characteristics 3. Provision of Equal Laws
of Legal 4. Equal Rights to All
Dimension of 5. Special provisions for the weaker sections
Equality
  All citizens of the state are provided equal political rights.
 One-man-one-vote
Political  Certain fundamental rights revolve around equal citizenship, such
Equality as the right to vote, freedom of speech, mobility and association,
and freedom of religion.
Political  Right to vote
Equality:  Right to contest elections
Characteristics  Right to hold public offices

of Political  Right to petition

 Right to criticise the government
Dimension of
 Right to form political parties
Equality
  Social equality is concerned with equality of opportunity for every
individual for the development of his personality.
Social Equality  It means abolition of all kinds of discrimination based upon caste,
creed, religion, language, race, sex, education, etc.
Social  Absence of privileges
Equality:  Abolition of discrimination
Characteristics  No discrimination on the basis of gender

of Social  Free access to public places

 Equal rights
Dimension of
Equality
  According to Laski, economic equality is largely a problem of
proportion. It means that the things without which life is
meaningless must be accessible to all without distinction in degree
or kind.
 Focuses on reducing significant wealth, property, or income
variations. Measured by comparing the richest and poorest
segments or gauging poverty levels.
 Economic equality is justifiable only when all people have
Economic reasonable opportunities to develop themselves fully. Economic
equality is meaningful only when there is an adequate scope for
Equality employment, reasonable wages, adequate leisure and equal share
in the management of economic concern.
 Professor Laski explains economic equality, “Political equality is,
therefore, never real unless it is accompanied with virtual
economic liberty; political power otherwise is bound to be the
hand-maid of economic power”.
 Ideologically this is possible in Socialism and not in Capitalism.
  Equal opportunities to earn livelihood

Economic  Equal wages for same job

 Fulfilment of basic needs
Equality:
 Reducing economic inequalities
Characteristics  Provision for economic security
of Economic  Just distribution of wealth
Dimension of  Just distribution of resources
Equality
  Establishing formal equality
How Equality
can be  Equality through Differential Treatment

promoted
 Affirmative action
  The Indian constitution under article 14 provides for equality before law or the
equal protection of laws to all persons. This is a statement of formal equality and
gives meaning to what preamble seeks to ensure in terms of ‘equality of status and
of opportunity’. This also means that laws of the land will apply to all equally and
there should not be discrimination on grounds of birth, caste, color, gender,
language, race, religion, etc. in fact article 15 of the constitution substantiates
article 14 further by prohibiting any such discrimination.
 Equality before law and equal protection of law have been further strengthened in
the Indian constitution under article 21. It ensures that ‘No Person shall be deprived
of his life or personal liberty except according to procedure established by law. This
means that a reasonable fair and just procedure should be followed for depriving a
Equality in person of his personal liberty and life. It admits no arbitrariness, discriminatory
procedure or unequal treatment for different individuals’.

Indian  Right to Equality (Article 14-18)

Constitution  Equality before law (Article 14)
 Prohibition of discrimination on grounds of religion (Article 15)
 Equality of opportunity in matters of public employments(Article 16)
 Abolition of Untouchability (Article 17)
 Abolition of titles (Article 18)
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Liberty
Concept of liberty
Theories of liberty
  Let us take the following sentence as an example—
Introduction ‘I am at liberty to learn how to drive a car.’
  To begin with, it means there are no hindrances to your decision.
 Nobody physically stops you from learning how to drive a car.
 Second, the existence conditions for learning how to drive a car are
available and accessible.
 So, you would have to have access to a car, a person who is willing to
Introduction teach you how to drive, streets where it is safe for you to practice
driving, etc.
 Third, and in a certain sense this precedes the first two, you have a
choice to learn how to drive a car.
So, the concept of liberty carries three connotations—the notion of
choice, the absence of constraints to make and exercise such a choice,
and the existence conditions that enable you to actuate the choice.
  Liberty stems from the Latin term 'libertas', signifying the
condition of a free person. In simple terms, it refers to the ability
of an individual to act according to their will, confined only by
societal and legal boundaries.
 The word liberty is derived from liber which means absence of
restraints (according to Hobbes).

Meaning  Liberty is possible only with restraints. “Freedom is not the

absence of all restraints, rather the substitution of rational for the
irrational one” (according to Mckchine)
 Many people are accustomed to use freedom. But both the words
mean same thing and they are used interchangeably. In strict sense
there is a difference. We call “freedom movement”, “freedom
fighter” etc. but not liberty movement. Liberty is generally used in
the case of individual and freedom refers to greater entity such as
freedom of a country.
  Thus, it must be understood that liberty, which in common
understanding means Justice freedom, or absence of constraints
and obstacles to individual action, and is considered a democratic
ideal, has always been conceived as occurring within a set of
specific constraints in social relationships.
 There are always limits to what is seen as acceptable forms of
liberty in modern democratic societies.
Meaning  While states of unfreedom like imprisonment or subjection to laws
may appear as constraints on liberty, we know that modern
democratic social and political organisations are founded on legal
and institutional structures, which aim at ensuring equal
consideration of each individual’s liberty.
 No society will, therefore, have an unlimited ‘right to liberty’. Each
society will have a set of restrictions on liberty, which are justified by
the fact that people accept those restrictions as the best possible
conditions in which liberty could be maximised.
Scope of
Liberty
  In a ground-breaking lecture, the philosopher and historian of ideas,
Isaiah Berlin argued that there are two basic types of freedom which
have been defended by philosophers and political
theorists: negative freedom and positive freedom.
 A distinction is made between positive liberty and negative liberty.
The distinction is credited to Sir Isaiah Berlin, who set it out in his
Theories of famous essay ‘Two concepts of liberty’ (1991).
 While talking about liberty, a distinction is often made between
Liberty: Isaiah negative and positive notions of liberty i.e., between the idea of
‘absence of external constraints’ and ‘the existence of conditions
Berlin's ‘Two which enable or facilitate’. In other words, the distinction between
‘freedom to do’ something and actually being able to do it.
Concepts of  So negative liberty is about being left alone, whereas positive liberty
is about being in control of one’s life. For example, a person may be
Liberty’ unfree to leave her home because she is under ‘house arrest’;
alternatively she may be unfree to leave because she does not want to
leave. In the first case, she is negatively unfree to leave, whereas in
the second case she is positively unfree.
  The negative conception of liberty is a characteristic of a strand of
English political thought represented by Jeremy Bentham, James
Mill, John Stuart Mill, Henry Sidgwick, Herbert Spencer and the
classical and neo-classical economists who supported the claims
Negative of individuals to break free from unnecessary restraints of
Liberty arbitrary government.
 The main political axiom of negative liberty was that ‘everyone
knows his own interest best’ and that the state should not decide
the individual’s ends and purposes.
  They were of the opinion that the sphere of State activity should
be restricted to the narrowest possible limits.
 According to John Locke, the rights to life, liberty and property are
the natural rights of man. The Legislature or the Executive cannot be
allowed to impose restrictions on these rights.
Negative  Adam Smith propounded the theory of “laissez faire”, i.e.
government should not interfere with business, finance or people’s
Liberty economic conditions.
 J.S. Mill describes that man’s actions are of two kinds, i.e. “self-
regarding” and “other regarding”. The self-regarding actions have an
effect only on the doer, whereas other regarding actions have an
effect other’s existence. No individual can be granted absolute
freedom regarding activities which have an effect other’s existence.
  In its negative sense, liberty can be described as ‘Absence of restraints
as far as possible’. As per this view, restraints are bad because these
result into curtailment of individual freedom. Therefore the restraints
if any should be minimum.
 The fact of restraints has been accepted with a sense of compulsion.
 A classic defender of this argument is John Stuart Mill who says, “all
restraints qua restraints is an evil… leaving people to themselves is
Negative always better than controlling them.”

Liberty  He divides man’s action into 2 parts: self- regarding and others-
regarding. The state should have no right to interfere with the liberty
of a man if his action affects himself alone. Examples in this regard
include profession of a religion, worshipping of a deity or reading a
book. However the state may intervene in case the liberty of a person
affects or harms the liberty of others. This view has been supported by
F.A. Hayek also. As per him, every individual has some assured area of
personal freedom with which others cannot interfere. The negative
view has not been appreciated by the present day scholars.
Berlin concept
 “Negative freedom is a matter of the doors open to me, not of
of negative whether I happen to choose to go through them.”
liberty
  The supporters of Negative Liberty believe that:-
 (i) More the laws, less is the liberty available to the individuals;
Negative  (ii) Freedoms of religion and property should never be restricted;

Liberty  (iii) The sphere of State activity should be very limited

 Examples: freedom of religion

  During the latter half of the 19th century, a positive concept of
liberty developed.
 According to this thought, liberty does not mean “absence of
restraints, it rather signifies “an opportunity” for you to do
something which is worth doing.
 Laski explains, “by liberty I mean the eager maintenance of that
atmosphere in which men have the opportunity to be their best
selves”
Positive  Liberty thus involves in its nature restraints, because the separate
freedoms I use are not freedoms to destroy the freedoms of those
Liberty with whom I live:” He gives importance to the relationship of the
individual’s liberty with society.
 T.H. Green has also contributed to the positive aspect of the
meaning of liberty. Green defines liberty as a positive power of
doing or enjoying something that is worth doing or worth enjoying
in common with others. The liberty of an individual should be
considered in relation to the norms of a society because man is a
social creature.
  Negative freedom is simply a matter of the number and kind of
options that lie open for you and their relevance for your life; it is a
matter of what you aren't prevented from doing; the doors that lie
Berlin’s view unlocked. Positive freedom, in contrast, is a matter of what you
can actually do. All sorts of doors may be open, giving you a large
amount of negative freedom, and yet you might find that there
are still obstacles to taking full advantage of your opportunities.
 Berlin sometimes talks of positive liberty in terms of the question ‘Who is master?’ I want to be in control of my
life, but there may, for example, be internal obstacles to my living the way I really want to. Here we might talk of
my increasing my freedom (in the positive sense) by overcoming my less rational desires.
 This is easier to understand if you consider some examples. I might recognise the value of study for making my
life go well, but keep getting sidetracked by less important, immediately gratifying activities, such as going out
for a drink, or staying in and spending the whole evening watching ‘soaps’ on television. I know that studying is
important to me, and will increase my control over my life. But I really enjoy going out for a drink and I really
enjoy watching television ‘soaps’. So the short-term gratifications tend to seduce me away from activities which
are better for me in the long term. My positive freedom would be increased if my ‘higher’ rational side could
overcome my ‘lower’ tendency to be sidetracked. It is not a question of having more, or more significant,
Berlin’s view
opportunities: the opportunity for me to study is there now. Rather it is a question of being able to take
advantage of the opportunity by being in control of my life. Positive freedom in this example is a matter of my
having the capacity to take the rational option as well as having the opportunity: whereas, according to a
concept of negative freedom, the opportunities that I have alone determine the extent of my freedom. I am free
to study in the negative sense since no one is preventing me from doing it; no one has locked away my books, or
hidden my pen and paper; no one has dragged me out of the door to go to the pub, or chained me to my armchair
in front of the television. However, I am not free in the positive sense; I am not truly free, because I am a slave to
my tendency to be sidetracked.
 True positive freedom would involve seizing control of my life and making rational choices for myself. Those who
defend positive freedom believe that just because no one is preventing you from doing something, it does not
follow that you are genuinely free. Positive freedom is a matter of achieving your potential, not just having
potential.
 Important Points of Positive Liberty
 i) Liberty is not the absence of restraints, rather it is the presence of
those socioeconomic and political conditions without which it cannot
be realized.
 ii) The object of liberty is the development of man as a social being.
 iii) Without proper opportunities and social conditions liberty cannot
be realized.
Positive  iv) Rights are necessary for liberty and it is related to justice, morality
and equality.
Liberty  v) The liberties of an individual must correspond with social welfare.
 vi) The duty of the State is to create positive conditions for the
realization of liberty and for this the State can limit the liberties of
some individuals. However, the government must be a responsible
government. The State is not viewed as an enemy of personal liberty.
 vii) Liberty is social requirement of social man and it is not given to an
asocial or antisocial beings.
 viii) Only in a welfare State can positive liberty exist.
Difference
  i) Civil Liberty: It includes Protection of life, liberty and property;
Domestic liberty (Right to privacy); Freedom of Speech and
Assembly; Religious liberty; Freedom to form Union and
Associations; Freedom of Movement etc.
 ii) Political Liberty: It includes right to participate in decision
making and right to choose one’s own representative. Right to
Dimensions of vote; Right to get elected to the Legislature and other Public
Liberty bodies; The Right to organize Political parties, Right to criticize the
government.
 iii) Economic Liberty: It includes Right to Work and the Right to
Rest and Leisure, Freedom to acquire, hold and dispose of
property.
  Love for the liberty
 Eternal vigilance
 Grants of equal rights
 Democratic system
 Fair government action
Safeguards of  Protection of fundamental rights
Liberty  Independence of judiciary
 Separation of power
 Rule of law
 Economic equality
 Well organized interest group and non- governmental
organizations
  Article 21 in Constitution of India
 21. Protection of life and personal liberty
 No person shall be deprived of his life or personal liberty except
according to procedure established by law. - Article 21 of the Indian
Constitution guarantees the fundamental right to protection of life and
personal liberty. It ensures certain safeguards against arbitrary
deprivation of life and liberty.
Article 21 asserts that no person shall be deprived of their life except
Liberty in the according to the procedure established by law. This means that every
individual has the right to live, and their life cannot be taken away
Indian Context except in accordance with the prescribed legal procedures. The right to
life encompasses various aspects, including the right to live with dignity,
the right to livelihood, and the right to a healthy environment. Article 21
also protects the personal liberty of individuals. It states that no person
shall be deprived of their personal liberty except according to the
procedure established by law. Personal liberty includes the freedom to
move freely, the freedom to choose one's place of residence, and the
freedom to engage in any lawful occupation or profession.
 In the landmark judgment, A.K. Gopalan v. The State of Madras, the
Supreme Court held that personal liberty means the “liberty of the body”
which is freedom from arrest and detention from false detention.
 Article 19-22 of the Indian Constitution deal with freedom.
Article 19 guarantees to all citizens the six rights. These are:–
Liberty in the (a) Right to freedom of speech and expression.
Indian Context (b) Right to assemble peaceably and without arms.
(c) Right to form associations or unions.
(d) Right to move freely throughout the territory of India.
(e) Right to reside and settle in any part of the territory of
India.
(f) Right to practice any profession or to carry on any
occupation, trade or business.
 https://www.brainkart.com/article/Equality_34271/
Relationship  Some scholars are of the view that liberty and equality are
between different/opoosite to each other while some scholars are of the
view that they are complementary to each other.
Liberty and
Equality
Liberty and  When we try to establish liberty, equality is lost and vice versa.

Equality Arguments in this regard:

 Nature has not created all men equal
opposite to  economic freedom and liberty

each other
  equality, instead of being opposed to liberty, is an essential
condition of it. It is only when equal opportunities are provided to
all that a man can be really free to develop his personality and
powers according to his choice.
 Economic equality is essential for the existence of political
Liberty and freedom. Otherwise it will be a capitalist democracy in which the
Equality laborers will have right to vote but they will not get their purpose
served. Hence liberty is possible only in socialistic
complementary democracy where liberty and equality go together. There is only
one solution to liberty. It lies in equality. Thus liberty and equality
to each other are complimentary to each other said Pollard.
 Arguments in this regard:
 Purpose of both is same
 For the enjoyment of freedom, equality is needed
 For civil and political liberty, equality before law is must
Additional  https://www.youtube.com/watch?v=Av2pWIgQUUI

resources
Justice
Topics to be covered: concept of justice
Dimensions of justice
  Man has been continuously struggling for the maintenance of justice.
In democratic systems, justice is given the highest place.
 The word justice is derived from the latin word jus which means to
bind or tie.
 In this sense, justice might be defined as a system in which people are
entwined or bound together. Justice aims to bring disparate ideas
together and organise all human relationships around it. As a result,
justice entails binding, joining, or organising people into a just or fair
relationship order.
Meaning  The Greek word for justice is Dike. Its gives the meaning of nearer to
righteousness.
 Justice stands for just conduct, fairness or exercise of authority in
maintenance or right.
Concept of justice is as old as the political theory itself. Different
interpretations are given to justice from time to time. Some writers
regard justice as virtue while others hold it for equality' Some consider
it as rule of law'. Justice is not only an integral part of political science,
but also of ethics, law, philosophy, etc.
  It’s a multi-dimensional concept.
 It changes with the passage of time. Thus, what was justice in the
past, may be injustice in the present and vice-versa.
 Thus, there have been the ‘egalitarian’ perception of justice where
the highest place is accorded to the value of equality; the
‘libertarian’ perception in which liberty is the ultimate value; the
Divine view in which justice is the execution of God’s will, the
‘hedonist’ makes ‘the greatest good of the greatest number’ the
Meaning criterion of justice; to the ‘harmonizer’ justice is the harmonizing
of different elements and values to produce a satisfactory balance.
Some identify justice with ‘duty’ or with maintenance of peace
and order; others view it as an elitist function.
 Thus, justice concerns the right of the individual as well as the
social ordering of society. It is legal and moral at the same time. In
short, it is an ethical concept.
  The concept of justice is a difficult task to understand, as it is a
complex concept. The meaning of justice is not limited only to law
and legal processes, but in the modern era, the notion of justice
has become very widespread and its representation has started to
be expressed in various forms.
 Where the traditional approach to justice was concerned with the
Meaning character of the person, the modern approach is concerned with
social justice.
 Social justice mainly seeks to improve the social, economic and
political condition of the deprived /weaker sections of the society,
who have been deprived of basic amenities and opportunities of
life for generations so that those classes join the mainstream of
the nation and make their valuable contribution in nation building.
  In the words of the leading contemporary moral and political
philosopher, John Rawls of Harvard University, “justice is the first
virtue of social institutions.”
 Aristotle, who had defined justice as the treating of equals equally
Definitions and of unequals unequally in proportion to their inequalities.
 The most famous formulation of a needs-based justice is Marx’s
principle of communism: “From each according to his ability, to
each according to his needs.”
Legal Aspect of
Justice and
Justice (Justice
discrimination
and Law)

Both law and justice seek to sustain The symbol of justice is often
social order. John Austin is the main portrayed as blindfolded because it is
advocate, who tells that the law has to supposed to be impartial. That there
function as an instrument of justice, on should be no discrimination between
the one hand, and function as an the two extremes – rich or poor, high or
instrument to suppress mischief, on low. Therefore, impartiality, becomes a
the other. precondition to justice.

Legally, the administration of justice

can be criticised as unjust if it fails to
meet the standard of fairness required
by the procedures of the legal system,
viz. the accused should be informed of
the charges leveled against him; he
should be given a reasonable
opportunity to defend himself etc;

while morally, a law can be called

unjust for if it fails to meet the moral
ideas of justice. Morality however goes
beyond justice.
Distributive • The essential implication of Aristotle’s explanation is that justice is either ‘distributive’ or ‘corrective’; the former requires
equal distribution among the equals and the latter applying wherein remedy for a wrong is provided.
• The principle that Marx puts forward for distributive justice in the post- revolutionary socialist society is ‘from each

Justice according to his ability to each according to his work.

• It implies that justice requires that no one shall gain at the expense of another.

Concerns punishment
Retributive
•

• It aims to restore balance to society by holding individuals

justice accountable for their actions and ensuring that the
punishment fits the crime.

Corrective • Concerns correcting damage done to an

justice individual whose rights have been violated

• Concerns a just process, rather than a just result

Procedural • It involves ensuring that individuals are treated fairly and
justice equitably in legal proceedings and that they have access to
due process.

• It focuses on repairing harm caused by wrongdoing, rather than

Restorative punishing the offender.
Justice • It involves restoring the victim-offender relationship and aims to
bring healing to both the victim and the offender.
  In discussions of justice, a distinction is drawn between procedural
justice and substantive justice. The former refers to justice or
fairness or impartiality of the processes and procedures through
which a law or policy or decision is arrived at and applied.
Substantive justice refers to justice or fairness of the content or
Procedural outcome of laws, policies, decisions, etc.
Justice and  Principles of procedural justice have traditionally been based on
the idea of formal equality of persons, i.e., their equality as human
Substantive beings or as subjects of the rule of law, irrespective of their
Justice differences in gender, religion, race, caste, wealth, etc. Often,
rights-based justice is seen as procedural justice, whereas needs-
based justice is seen as substantive justice.
 procedural justice means formal or legal justice, and substantial
justice means socio-economic justice.
Characteristics
of Justice
 The concept of justice is a philosophical and ethical idea that
people should be treated fairly, impartially, and reasonably, and
that laws should protect people from harm. Justice can also be
defined as giving each person what they deserve.
 Generally, socialists subscribe to one or another version of needs-
based, egalitarian justice. Obviously, needs-based justice calls for
egalitarian distribution of resources within and across countries.
 Rights-based conceptions of justice differ from egalitarian, needs-
based justice. According to classical liberalism (Locke and Hume),
the main function of the state was to protect the negative liberty
rights of the individuals.
 Equality Merit
Criteria of
Justice
Need
 Social Justice Legal Justice Political Justice Economic Justice

• rule of law and not • equal political • all citizens should

• To provide equal rule of any person. rights and have adequate
opportunities to • It includes two opportunities to opportunities to
every individual to things: that all all citizens to take earn their
develop his men are equal part in the livelihood and get
inherent qualities before law, and administration of fair wages

Dimensions of that law is equally

applicable to all.
the country.
• Every citizen
• economic security
• There should be
• The legal should have an fair and equitable
Justice procedure has to
be simple, quick,
equal right to vote
and to contest
distribution of
wealth and
fair, inexpensive elections. resources among
and efficient. all the people.
• There should be
effective
machinery for
preventing
unlawful actions.
  The Preamble of the Indian Constitution states that the Democratic Republic of
India stood committed to securing to all its citizens “Justice, social, economic and
political.”
 It is noteworthy that the Preamble lists justice above the other moral political
values of liberty, equality and fraternity.
 Article 14, 15, 16 and 17 of the Indian constitution also reflect the idea of justice
enshrined in the preamble of the constitution. All these articles are incorporated
under part III of the constitution which gives fundamental rights to every citizen.
 Provisions relating to 'Equal Justice and Free Legal Aid' are enshrined under article
Justice in the 39A of the Indian constitution. Which give every citizen right to get free legal help
from officers of the court. No one can be denied access to free legal aid. Its duty of
the State to secure that working of the legal system is based on justice, it should
Indian provide equal opportunity, and also, provide free legal aid, to ensure that any
opportunity for securing justice is not denied to any citizen due to his economic or
other disabilities.
Constitution  Distributive Justice
 Article 38 and 39A of Indian Constitution defines distributive Justice. Distributive justice
means fair distribution of resources among those who are in need of it.
 Article-38 further envisages that the State shall strive to promote the welfare of the people by
securing and protecting as effectively as it may a social order in which justice, economic and
political shall inform all institutions of national life.
 The State shall secure that the operation of the legal system promotes justice, on a basis of
equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities.

 Indian Constitution defines 3 types of justice:-

 Social Justice
 Economic Justice
 Political justice
 Fundamental Rights in Part 3-
 a. Equality before law(Article 14)
 b. Prohibition of discrimination on the ground of religion, race, caste,sex or place of birth
(Article 15)
 c. Equality of opportunity in matter of the public employment ( Article 16)

Indian  d. Abolition of untouchability (Article 17)

 e. Abolition of titles (Article18)
Constitution  f. Protection of certain rights regarding freedom of the speech etc.(Article 19)

Provision  g. Protection of life and personal liberty (Article 21)

 h. Protection in respect of conviction for offense (Article 20)
Ensuring Social  i. Protection against arrest and detention in certain cases (Article 22)
 j. Protection of traffic in human beings and forced labor (Article 23
Justice  k. Prohibition of employment of children in factories or mines or any other hazardous
employment (Article 24)
 l. Freedom of Religion ( Article 25-28)
 m. Protection of interest of minorities (Article 29-30)
 n. Judicial remedies for enforcement of rights conferred by this part 3 of constitution (Article
32)
  Chapter 4 of Indian constitution Article 36 to 51 incorporates certain
directive principles of state policy which the state must keep in view
the nation.The most important of these directive principles are:
 a. Promotion of welfare of the people (Article 38)
 b. Adequate means of livelihood; equal distribution of material
Indian resources of community; distribution of means of production to the
common good and equal pay for equal work-promotion of health and
Constitution strength of workers, men and women and the children; protection
against exploitation of childhood and youth(Article 39)
Provision  c. Equal justice and free legal aid (Article 39 A)
Ensuring Social  d. Right to work, education and to public assistance in certain cases
(Article 41)
Justice  e. Just and human condition of work and maternity relief (Article 43)
 f. Living wages for workers (Article 44 g)
 g. Uniform civil code (Article 44 h)
 h. Free and compulsory primary education for Children(Article 45)
Relation of
 berlin does not accept the relationship between liberty and justice,
equality with and liberty and equality. If there is poverty in the society and no
coercion at all, there may be injustice or inequality in the society,
liberty and but liberty is very much present there.
justice
Relation of
equality with
liberty and
justice