Theory of Justice

Theory of Justice

Author: Ritik Kesh, a Student of NMIMS School of Law, Bangalore

John Rawls, an influential American political philosopher, gave his Theory of Justice, which was one of the most significant theories in the field of Jurisprudence and Political Science. In his theory, he defined justice as fairness and claimed that substantive justice may be reached through procedural justice. The idea of 'initial position,' as well as the 'veil of ignorance,' were also very important in Rawls' concepts as he described that these principles may be based on picturing a group of individuals who are unaware of their age, gender, race, religion, economic class, wealth, income, intellect, abilities, and other factors. For the fulfilment of justice, this group of individuals would agree on the following principles:

1.  Each individual must have an equal right to the broadest possible fundamental liberty that is consistent with the liberty of others.

2. Social and economic inequalities are to be arranged so that they are both 

1. To the greatest benefit of the least advantaged (difference principle).

2. Attached to offices and jobs that are available to everyone under the same criteria.

Though the Indian Constitution was drafted well before the publication of John Rawl's book "The Theory of Justice," the substance of his idea can be observed to some degree in the Indian judicial system, and there seems to be some correlation between the two. In fact, the very two principles of justice as preferred by Rawls completely seems to fit in the Indian Constitution. The way in which various Fundamental Rights have been interpreted by the Supreme Court of India in the latter stages, seems to reflect the ideas of Rawls.  When we examine the provisions of the Indian Constitution, we can see that John Rawls' theory of justice is indeed relevant in the Indian context. The Rawlsian perspective is evident in the interpretation of Articles 14, 15, 16, and 21 of the Indian Constitution.

• Article 14 provides for equality before the law or equal protection of the laws within the territory of India. It guarantees equality to all persons, including citizens, corporations, and foreigners. To achieve equality, special attention must be provided to the society's most disadvantaged members in order to bring them up to par with the more fortunate. This is precisely what John Rawls' difference principle aims to accomplish. 

• Article 15 of the Indian Constitution states that the state shall not discriminate against any citizen solely on the basis of race, religion, caste, sex, or place of birth, and Article 16 of the Indian Constitution guarantees equal opportunity to all citizens in matters of employment in the public sector and prohibits discrimination on the basis of religion, race, caste, sex, descent, birthplace, residence, or any of these factors. At the same time, it provides for the reservation of services under the State in favour of the backward class of citizens. Thus, article 15 and 16 are compatible with John Rawls' theory of justice, since he thinks that arbitrary circumstances such as one's birth family, caste, creed, race, and other similar elements should not decide one's chances in life to get something greater than what he has. 

• Article 21 of the Constitution of India, provides that, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This Article enshrines the concept of equality, in which all people are guaranteed fundamental human rights simply because they are born as human beings. John Rawls similarly envisions a world in which everyone is treated equally and fairly. 

Hence, we can eventually conclude that our Constitution seems to be on an equal footing with Rawls' conception of justice.