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Adoption of Distributive Justice in The Indian Constitution and its relationship with Global Justice

Author: Eesha Bhargava, Student (LL.M), GNLU, Gujrat, India

Abstract

The meaning of the term “justice” has different connotations. Aristotle chose to define justice in terms of distributive justice and corrective (remedial) justice. Distributive justice advocates the principle of equality. There should be equal distribution of resources and equal work must provide for equal outcome. Therefore everyone must be presented with equal opportunities and there is no room for discrimination or privileges. This is an element of a welfare state whereby the state is endowed with the responsibility to look after the interest of the people. The transformation from a police state to a welfare state has assured certain rights and duties in the constitution of India. The element of distributive justice is reflected in the Indian Constitution in the fundamental rights and Directive Principles of State Policy:

a) Article 14

b) Article 15

c) Article 16(1)

d) Article 39

e) Article 39A

Further, distributive justice has played a major role in evolution of human rights across the globe. The United Nations has consistently rooted for the protection of environment, sustainable development and equal distribution of resources. This has deliberated the nations to introduce laws regarding the same. Further various conventions advocate equal rights for all genders and curtail prevailing discrimination in all forms against a specific gender. All this is actually a consequence of ‘globalization’, which is providing a platform for all nations to adopt these principles.


Keywords: Distributive Justice, Indian Constitution, Global Justice

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