( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

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CONSTITUTIONAL GOVERNANCE : SOCIAL AND ECONOMICAL JUSTICE IN INDIA

    1 Author(s):  POONAM

Vol -  10, Issue- 2 ,         Page(s) : 208 - 216  (2019 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

Constitution is the supreme law of the land and the word “Constitutional Governance” means the structure and process of government should be according to the constitutional law because constitution itself distributes the power and responsibilities between legislature, executive and judiciary. Constitutional governance is important machinery for ensuring social and economic justice. Social and economic justices are manifest in the preamble of the constitution. Before defining socio economic justice, one should know justice means “what is giving to each, what he/she has due”. The problem of justice, knowing what is due. Socio economic justice can be found in part 3 & part 4 of the Indian Constitution namely “Fundamental Rights” & “Directive Principles”. Constitutional historian Granville Austin said that transcendent goal of the Indian Constitution was to promote social revolution, the thyme of social revolution throughout the proceedings and documents of the constituent assembly. Although the social revolution theme was espoused throughout the constitution part 3 & part 4. Article 36- 51 outline the framers vision for good governance. Good governance and Constitutional governance are interrelated to each other because both have the same goal for uplifting the status of common man of the country. Constitutional governance and constitutionalism are synonyms of each other. The essence of constitutionalism is the control of power by its distribution among several states organs and agencies for ensuring accountability and transparency of the political system of the country. Under the concept of Social Justice and Economic Justice, the State is required to ensure that the dignity of the socially excluded group is not violated by the powerful majority government and they are considered on equal footing of others. Supreme Court in the case of Consumer Education & Research Centre Vs Union of India, observed that “Social Justice, Equality and dignity of person are corner stone of social democracy .The concept ‘Social Justice’ which the constitution of India engrafted consist of several principle essential for the orderly growth and development of every citizen”.

1. Keman Hans, Constitutional Government, free University of Amsterdam, Amsterdam, The Netherlands.
2.   Bellamy Richard, constitutional government, Constitutionalism LAW, February,
2017.
3.   Kesler   Charles,   What   Separation   of   Powers   means   for   Constitutional
Government, 2007.
4.   Constitutional Democracy, Essential elements and Indices, Charles N. Quigley, Executive Director, Center for Civic Education, 5115, Douglas Fir Road, Suite J, Calabasas,  web@civiced.org.
5.   Pandey Mayuri, Social Justice: A Dream of Reality, 2009.
6.   Pandey J. N., Constitutional Law of India, 2007.
7.   Aisyah, Features of the constitutional government, PUBLIC ADMINISTRATION,
17 July, 2011.
8.   Bakshi P. M.,The Constitution of India.
9.   Main Features, Copyright © 1991-2003 John F. Knutsen.
10. Kumar Arvind, What are the Characteristics, functions & importance of the Constitution?
11. Sartorius  Michael,  The  Ideals  of  Constitutionalism,  Governing  Government,
2013.
12. Concept  of  Social  Justice  Under  Indian  Constitution,  LAWYERSCLUBINDIA, INTERACTIVE PLATFORM FOR LAWYERS & PUBLIC.
13. Introduction of Social Justice, thesis of PHD in Law, Shodhganga.
14. Relation with Social Justice and Equality, Shodhganga.
15. Dorn A. James, Equality, Justice and Freedom: A Constitutional Perspective, 1
October, 2014.
16. Spiro John Herbert, Constitution, POLITICS AND LAW, 22 July,2016.
17. Defining Social Justice and Economic Justice, Centre for Social and Economic Justice.
18. Baker John, General Features of the Constitution, Oxford Scholarship Online,
19. Singh  Gyanant,   Ensuring  economic  justice,   India  today.in,  New   Delhi,  3 October,2012.
20. Features of Indian Constitution, Alhea, Web for Everyone! .
21. D.S. Nakara & Others v/s Union Of India on 17 December, 1982.
22. Basu D. D., Introduction to the Constitution of India, 22nd edition, 2015
23. Air India Statutory Corporation v/s United Labour Union & Ors on 6 November,
1996.
24. Minerva Mills Ltd. & Ors v/s Union Of India & Ors on 31 July, 1980.
25. What is denoted by the expression “economic justice” in the Preamble of the
Indian Constitution?
http://www.gktoday.in/general-awareness/what-is-denoted-by-the-expression- economic-justice-in-the-preamble-of-the-indian-constitution.

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