Vol. 2 | Issue 1 | August, 2020
The Concept and Significance of Political
Justice under the Constitution of India
Prof. (Dr.) P. Ishwara Bhat*
Introduction
Political justice is a value in accordance with which every
civilized society aspires to live. Concentrating on equal opportunities for
political participation, fairness in making and implementing laws, and
ensuring good governance, it is both an intrinsic and instrumental value
that has great significance in a nation’s life. In the Indian constitutional
jurisprudence, it has vital role and vast reach although academically its
exposition is not adequately attempted. This article aims at exploring its
theoretical terrains, historical roots and constitutional base, and mapping
its multiple dimensions, problematic factors and contributions.
Conceptual analysis
Etymologically, political justice (PJ) has two components:
‘political’ i.e., regarding polity or civil affairs or ‘other regarding
actions’1; and ‘justice’ i.e., that which binds or due, or standard of
conduct or greatest sum of happiness based on equality. Put together, it
connotes a comfortable situation for all people’s equal opportunities in
making and effectuating policies about ideal conduct of the society and
its public institutions for promoting general welfare. Aristotle believed in
constitutional government as the means of justice, and veritable path of
* Vice- Chancellor, Karnataka State Law University, Hubballi.
1 This expression refers to actions affecting others. Since knowing the true position of
others has the problem of ‘veil of ignorance’, which obstructs vision, a satisfactory
position can be attained by extensive discussion, accommodating every viewpoints of
others put forward on equal pedestal and their objective consideration.
69
, CMR University Journal for Contemporary Legal Affairs
salvation.2 Plato viewed that justice through application of laws and
conventions was a method of saving the society from the continuing fear
of reprisals and unjustified attacks.3
Ancient Indian thinkers considered that interdependence of the ruler and
the people and the ruler’s duty to protect life, liberty and property of the
people with a fraternal outlook reflected the practice of political justice.4
In the republican systems, people (pouras and janapadas) had more
active role in the governance.5 The idea of ‘trivarga’ upheld the
supremacy of justice and fair law upon human desires and economic
actions.6 Kautilya considers that since human desires and considerations
of justice are born out of or orienting towards interests in property or
economic factors, the latter attains influential position, and hence need to
be disciplined because proper balance among all the three factors is
essential.7 The very purpose of formation of state was to protect the
vulnerable from the arbitrary acts of the strong and to uphold justice.
King has the duty to ensure that persons belonging to all the professions
and all the stages of life perform their duties meticulously.8 When the
laws laid down by the King and evidence collected by investigation
contradict the people’s customs and the principles of justice, it is in the
2 Aristotle, Politics, https://iep.utm.edu/aris-pol/ 06/07/2020 accessed
3 Plato, Republic Book II https://iep.utm.edu/soc-cont 06/072020 accessed
4 P V Kane, History of Dharmasastra vol. III Third ed (Bhandarkar Oriental Research
Institute, Poona, 1946) 37
5 Ibid 94-95
6Manu Smriti II.4, IV.176; Yajnavalkya I-115, Vatsayana 1.2.7-15; M Rama Jois, Legal
and Constitutional History of India vol. I (Universal Law Publishing co., 1984, 2008)
6-7; also see Jaganmohan Singh Raju, Ramarajya: People’s Welfare State (Excel Books,
Bangalore, 2017) 121-122.
7Part
I Section 1 Chapter7 shloka 6-7 in Kautilya, Arthashasthra (Ankita Pustaka,
Bangalore, 1963)
8 Ibid, Part I Section 1 Chapter 4 shloka 5
70
,Vol. 2 | Issue 1 | August, 2020
light of the latter that the former shall be interpreted.9 Law shall be the
king of kings and shall operate equally upon all.10 According to
Mahabharata, justice is that which secures for all living beings freedom
from violence, deprivation, starving, separating and uprooting and that
which has the characteristics of nurturing, cherishing, providing amply,
enriching, increasing, enhancing, all living being: supporting, sustaining,
bringing together and in their togetherness.11 Ramarajya was a concept
propounding true democracy and welfare state where the meanest citizen
also could be sure of swift justice without an elaborate and costly
procedure.12 All these notions aimed at attaining highly desirable
products of political processes.
Balagangadhar Tilak’s assertion that freedom is everyone’s birth
right, and each shall have it was a bold thinking about using PJ as a
means of liberating the country from the clutches of colonial rule.13 Raja
Ram Mohan Roy thought education and freedom of speech and press
were instrumental for country’s emancipation.14 Gandhiji gave both
theoretical clarity about PJ and practical demonstration about its
application. Political freedom, equal participation, grass root democracy
and welfare constituted four pillars of PJ.15 He considered colonial rule
9 Sastram vipratipadyeta dharmanyayenakenachit I Nyayastathra pramanmsyat
tatrapatho hi nashyati Kautilya, Arthasastra Part I Section 3 (Courts) chapter 57 shloka
128.
10 Satapatha Brahmana 14.4; 2.23; Brahadaranyakopanishad 1, 4, 14
11 Mahabharata Shantiparva 180.26 and Adi Parva 85.13.
12 M K Gandhi, Young India, 19-9-1919, p. 305.
13Bal Gangadhar Tilak, His Writings and Speeches (Ed) Aurobindo Ghosh (Ganesh
and Co., Madras, 1922) cited by Sarbbani Sen, Popular Sovereignty and Democratic
Transformations: The Constitution of India (Oxford University Press, 2007) 55.
14Majumdar, J.K. (1953) Raja Rammohun Roy The Father of Modern India, (Bombay:
The Indian Historical Research Institute) 226-241.
15R K Prabhu and U R Rao, The Mind of Mahatma Gandhi (Navjivan Publishing
House, Ahamadabad, 1967) 334-344.
71
, CMR University Journal for Contemporary Legal Affairs
as an unmitigated evil inflicting grossest injustice. His concept of swaraj
went beyond freeing India from foreign rule, comprehended government
according to the consent of the people as ascertained by the largest
number of adult population and making it an instrument for poverty
eradication and overall welfare of people.16 Freedom meant fullest liberty
to use the talents consistently with equal use by neighbours without abuse
and exploitation, and demanded performance of duties as a prerequisite
for its enjoyment.17 Equal and integrated participation of all in the
unarmed struggle against the British and against any exploiting force or
practice was a means of PJ. High involvement in grama swaraj;
eradication of poverty, ‘untouchability’ and other social evils; promoting
education, health and self employment are the agendas set for PJ.18
Insofar as practical application of PJ goals is concerned, Gandhiji gave
creative leadership to numerous struggles.19 Khilafat movement, Non-
cooperation struggle, Vaikam satyagraha, Champaran agitation, Bardoli
satyagraha, Salt march, Quit India movement and other mass movements
are the demonstrations of Gandhiji’s strategies of PJ. Practice of non
violence, Hindu- Muslim unity and involvement of women,
untouchables, workers, farmers and people belonging to all sections of
society were the key features such struggles. Orientation for equal
citizenship and collective responsibility for a better world were the inputs
of the community action. Another facet of PJ that it stands for just law
which ought to be obeyed as distinguished from unjust law which ought
to be disobeyed as a matter of duty is clear in Gandhiji’s thinking as
16 Ibid 317-321
17P Ishwara Bhat, ‘Impact of Gandhian Thoughts on the Indian Constitutional
Jurisprudence: A Post-modernist Perspective’ 61 (2) Journal of the Indian Law Institute
(2019) 182-212 at 187-9.
18 Ibid 359-393
19Nirmal Kumar Bose, Studies in Gandhism (Navajivan Publishing House,
Ahamadabad, 1972) See chapter 9 Gandhi in Politics
72
The Concept and Significance of Political
Justice under the Constitution of India
Prof. (Dr.) P. Ishwara Bhat*
Introduction
Political justice is a value in accordance with which every
civilized society aspires to live. Concentrating on equal opportunities for
political participation, fairness in making and implementing laws, and
ensuring good governance, it is both an intrinsic and instrumental value
that has great significance in a nation’s life. In the Indian constitutional
jurisprudence, it has vital role and vast reach although academically its
exposition is not adequately attempted. This article aims at exploring its
theoretical terrains, historical roots and constitutional base, and mapping
its multiple dimensions, problematic factors and contributions.
Conceptual analysis
Etymologically, political justice (PJ) has two components:
‘political’ i.e., regarding polity or civil affairs or ‘other regarding
actions’1; and ‘justice’ i.e., that which binds or due, or standard of
conduct or greatest sum of happiness based on equality. Put together, it
connotes a comfortable situation for all people’s equal opportunities in
making and effectuating policies about ideal conduct of the society and
its public institutions for promoting general welfare. Aristotle believed in
constitutional government as the means of justice, and veritable path of
* Vice- Chancellor, Karnataka State Law University, Hubballi.
1 This expression refers to actions affecting others. Since knowing the true position of
others has the problem of ‘veil of ignorance’, which obstructs vision, a satisfactory
position can be attained by extensive discussion, accommodating every viewpoints of
others put forward on equal pedestal and their objective consideration.
69
, CMR University Journal for Contemporary Legal Affairs
salvation.2 Plato viewed that justice through application of laws and
conventions was a method of saving the society from the continuing fear
of reprisals and unjustified attacks.3
Ancient Indian thinkers considered that interdependence of the ruler and
the people and the ruler’s duty to protect life, liberty and property of the
people with a fraternal outlook reflected the practice of political justice.4
In the republican systems, people (pouras and janapadas) had more
active role in the governance.5 The idea of ‘trivarga’ upheld the
supremacy of justice and fair law upon human desires and economic
actions.6 Kautilya considers that since human desires and considerations
of justice are born out of or orienting towards interests in property or
economic factors, the latter attains influential position, and hence need to
be disciplined because proper balance among all the three factors is
essential.7 The very purpose of formation of state was to protect the
vulnerable from the arbitrary acts of the strong and to uphold justice.
King has the duty to ensure that persons belonging to all the professions
and all the stages of life perform their duties meticulously.8 When the
laws laid down by the King and evidence collected by investigation
contradict the people’s customs and the principles of justice, it is in the
2 Aristotle, Politics, https://iep.utm.edu/aris-pol/ 06/07/2020 accessed
3 Plato, Republic Book II https://iep.utm.edu/soc-cont 06/072020 accessed
4 P V Kane, History of Dharmasastra vol. III Third ed (Bhandarkar Oriental Research
Institute, Poona, 1946) 37
5 Ibid 94-95
6Manu Smriti II.4, IV.176; Yajnavalkya I-115, Vatsayana 1.2.7-15; M Rama Jois, Legal
and Constitutional History of India vol. I (Universal Law Publishing co., 1984, 2008)
6-7; also see Jaganmohan Singh Raju, Ramarajya: People’s Welfare State (Excel Books,
Bangalore, 2017) 121-122.
7Part
I Section 1 Chapter7 shloka 6-7 in Kautilya, Arthashasthra (Ankita Pustaka,
Bangalore, 1963)
8 Ibid, Part I Section 1 Chapter 4 shloka 5
70
,Vol. 2 | Issue 1 | August, 2020
light of the latter that the former shall be interpreted.9 Law shall be the
king of kings and shall operate equally upon all.10 According to
Mahabharata, justice is that which secures for all living beings freedom
from violence, deprivation, starving, separating and uprooting and that
which has the characteristics of nurturing, cherishing, providing amply,
enriching, increasing, enhancing, all living being: supporting, sustaining,
bringing together and in their togetherness.11 Ramarajya was a concept
propounding true democracy and welfare state where the meanest citizen
also could be sure of swift justice without an elaborate and costly
procedure.12 All these notions aimed at attaining highly desirable
products of political processes.
Balagangadhar Tilak’s assertion that freedom is everyone’s birth
right, and each shall have it was a bold thinking about using PJ as a
means of liberating the country from the clutches of colonial rule.13 Raja
Ram Mohan Roy thought education and freedom of speech and press
were instrumental for country’s emancipation.14 Gandhiji gave both
theoretical clarity about PJ and practical demonstration about its
application. Political freedom, equal participation, grass root democracy
and welfare constituted four pillars of PJ.15 He considered colonial rule
9 Sastram vipratipadyeta dharmanyayenakenachit I Nyayastathra pramanmsyat
tatrapatho hi nashyati Kautilya, Arthasastra Part I Section 3 (Courts) chapter 57 shloka
128.
10 Satapatha Brahmana 14.4; 2.23; Brahadaranyakopanishad 1, 4, 14
11 Mahabharata Shantiparva 180.26 and Adi Parva 85.13.
12 M K Gandhi, Young India, 19-9-1919, p. 305.
13Bal Gangadhar Tilak, His Writings and Speeches (Ed) Aurobindo Ghosh (Ganesh
and Co., Madras, 1922) cited by Sarbbani Sen, Popular Sovereignty and Democratic
Transformations: The Constitution of India (Oxford University Press, 2007) 55.
14Majumdar, J.K. (1953) Raja Rammohun Roy The Father of Modern India, (Bombay:
The Indian Historical Research Institute) 226-241.
15R K Prabhu and U R Rao, The Mind of Mahatma Gandhi (Navjivan Publishing
House, Ahamadabad, 1967) 334-344.
71
, CMR University Journal for Contemporary Legal Affairs
as an unmitigated evil inflicting grossest injustice. His concept of swaraj
went beyond freeing India from foreign rule, comprehended government
according to the consent of the people as ascertained by the largest
number of adult population and making it an instrument for poverty
eradication and overall welfare of people.16 Freedom meant fullest liberty
to use the talents consistently with equal use by neighbours without abuse
and exploitation, and demanded performance of duties as a prerequisite
for its enjoyment.17 Equal and integrated participation of all in the
unarmed struggle against the British and against any exploiting force or
practice was a means of PJ. High involvement in grama swaraj;
eradication of poverty, ‘untouchability’ and other social evils; promoting
education, health and self employment are the agendas set for PJ.18
Insofar as practical application of PJ goals is concerned, Gandhiji gave
creative leadership to numerous struggles.19 Khilafat movement, Non-
cooperation struggle, Vaikam satyagraha, Champaran agitation, Bardoli
satyagraha, Salt march, Quit India movement and other mass movements
are the demonstrations of Gandhiji’s strategies of PJ. Practice of non
violence, Hindu- Muslim unity and involvement of women,
untouchables, workers, farmers and people belonging to all sections of
society were the key features such struggles. Orientation for equal
citizenship and collective responsibility for a better world were the inputs
of the community action. Another facet of PJ that it stands for just law
which ought to be obeyed as distinguished from unjust law which ought
to be disobeyed as a matter of duty is clear in Gandhiji’s thinking as
16 Ibid 317-321
17P Ishwara Bhat, ‘Impact of Gandhian Thoughts on the Indian Constitutional
Jurisprudence: A Post-modernist Perspective’ 61 (2) Journal of the Indian Law Institute
(2019) 182-212 at 187-9.
18 Ibid 359-393
19Nirmal Kumar Bose, Studies in Gandhism (Navajivan Publishing House,
Ahamadabad, 1972) See chapter 9 Gandhi in Politics
72
