Mugdha Rao, D.E.S's Shri Navalmal Firodia Law College, Pune
ABSTRACT
No one is equal if there is no equality for all. Right of equality is provided under the constitution of India to protect individuals from being treated unequally by the state machineries whereas social justice was incorporated to irradiate social inequality. Equality is guaranteed to all, as fundamental right under Constitution of India, which is justiciable. Whereas social justice is present in the constitution of India as part of preamble and also as a guideline to state while formulating laws and policies under Directive Principles of State Policy. Equality means protection of individuals from discrimination, it means state has to provide equal treatment to people under similar circumstances where as social justice means to attain sustainable social, economic and political equality1 . Equality of individual cannot be ensured unless equality of each and every members in a society is preserved. Social justice ensures equality of status and opportunity to all members in a society. Though social justice and equality are interrelated topics, at certain instances the rights of privileged individuals need to be curtailed or certain advantages need to be given to the disadvantaged groups of the society by the government so that they have equal access and opportunity to utilise the resources and also so that they are also placed at a same footing as the advantaged group. Hence providing different treatment to the privileged individuals and under privileged individual might seem to violate the right of equality of privilege individuals. Hence the extent to which the legislature be allowed to make unequal laws in order to achieve social justice must be reviewed carefully. Equality of individual in a society is not possible without ensuring social justice. All the policies that government formulates should compulsorily uphold the value of social justice in India.
Keywords: Equality, Discrimination, Social Justice, Society
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