Sociology · Ch 8 — The Constitution and Social Change
Constitutional Norms and Social Justice: Interpretation to Aid Social Justice
Constitutional Norms and Social Justice: Interpretation to Aid Social Justice
The difference between law and justice is fundamental. Law depends on force — it carries the means to coerce obedience, backed by the power of the state. Justice, by contrast, rests on fairness. A legal system operates through a hierarchy of authorities, and the Constitution sits at the top of that hierarchy. It is the basic norm of the nation, the document from which all other rules and authorities derive their legitimacy.
The Indian Constitution is India's basic norm. All other laws must be made according to the procedures it prescribes, and implemented by the authorities it creates. When disputes arise, a hierarchy of courts — themselves constitutional authorities — interprets these laws. The Supreme Court is the highest court and the ultimate interpreter of the Constitution.
Over time, the Supreme Court has used its interpretive power to substantially enhance the substance of Fundamental Rights. This has been a key mechanism for advancing social justice. The textbook gives several landmark examples.
Article 21 — Right to Life and Liberty
The terse words of Article 21, which recognise the right to life and liberty, have been interpreted to include everything that makes for a life of quality: livelihood, health, shelter, education, and dignity. The Court has repeatedly held that 'life' means more than mere animal existence. This expanded interpretation has been used to provide relief in cases involving:
- Prisoners subjected to torture and deprivation
- Release and rehabilitation of bonded labourers
- Environmentally degrading activities
- Provision of primary healthcare and primary education
Article 19(1)(a) — Right to Freedom of Speech and Expression
In 1993, the Supreme Court held that the Right to Information is a part of, and incidental to, the Right to Freedom of Speech and Expression under Article 19(1)(a).
Article 14 — Right to Equality …