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The Story of Indian Democracy — Sociology STD 12 Humanities — Question

CBSE BoardEnglish MediumSTD 12 HumanitiesSociologyThe Story of Indian Democracy6 Marks
Question
Discuss Constitutional Norms and Social Justice.
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Answer

There is a difference between law and justice. Law is law because it carries the means to coerce or force obedience. The power of the state is behind it. The essence of justice is fairness.
  • Any system of laws functions through a hierarchy of authorities. The basic norm from which all other rules and authorities flow is called the Constitution. It is the document that constitutes a nation's tenets.
  • The Indian Constitution is the basic norm. All other laws are made as per the procedures the Constitution prescribes.
  • These laws are made and implemented by the authorities specified by the Constitution.
  • A hierarchy of courts interpret the laws when there is a dispute.
  • The Supreme Court is the highest court and ultimate interpreter of the Constitution.
  • The Supreme Court has enhanced the substance of Fundamental Rights of the Constitution in many ways.
  • The constitution is not just a ready reference of do's and don'ts for social justice.
  • It has the potential for the meaning of social justice to be extended.
  • Social movements have also aided the Courts and authorities to interpret the is the contents of rights and principles in keeping with the contemporary understanding of social justice.
  • Laws and courts are sites where competing views are debated.
  • Constitution remains a means to channelize and civilize political power towards social welfare.
  • Constitution has the capacity to help people because it is based on basic norms of social justice. For instance, the Directive Principle on Village Panchayats was moved as an amendment in the Constituent Assembly by K.Santhanam. After $40$ years it became a Constitutional imperative after $73^{rd}$ Amendment Act, $1992$.

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