Social justice: constitutional provisions and government initiatives – OPSC OAS Mains GS Paper II PYQ

📝Model Answer

Introduction

The Indian Constitution embodies the concept of social justice not as an abstract ideal but as an enforceable and directive obligation upon the State, aimed at removing socio-economic inequality and ensuring dignity to every citizen. It draws its inspiration from the Preamble’s resolve to secure "justice, social, economic and political" and translates this resolve into concrete provisions across Fundamental Rights and Directive Principles.

Body

Constitutional provisions guaranteeing social justice

• Preamble resolves to secure justice, social, economic and political, to all citizens.
• Article 14 guarantees equality before law and equal protection of laws.
• Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth, and permits special provisions for women, children and backward classes.
• Article 16 ensures equality of opportunity in public employment, with provision for reservation for backward classes.
• Article 17 abolishes untouchability and forbids its practice in any form.
• Article 23 prohibits traffic in human beings and forced labour, including begar.
• Article 39A, a Directive Principle, obliges the State to promote equal justice and provide free legal aid to the poor.
• Article 46 directs the State to promote the educational and economic interests of Scheduled Castes, Scheduled Tribes and weaker sections.

Government initiatives to make social justice a reality

• Reservation policy in education and public employment for SC, ST and OBC, expanded after the Mandal Commission recommendations of 1990.
• 103rd Constitutional Amendment, 2019 introduced 10 per cent reservation for the Economically Weaker Sections.
• SC/ST (Prevention of Atrocities) Act, 1989 provides stringent punishment for offences against these communities.
• Protection of Civil Rights Act, 1955 penalises the practice of untouchability.
• National Commissions for SC and ST, established under Articles 338 and 338A, act as constitutional watchdogs.
• PM-AJAY (Pradhan Mantri Anusuchit Jaati Abhyuday Yojana), a merged scheme covering Adarsh Gram development, livelihood grants and hostel facilities for Scheduled Castes, has been strengthened through a dedicated portal and the AJAY mobile application for real-time monitoring.
• Pre-Matric and Post-Matric Scholarships support the education of SC, ST and OBC students.
• Rights of Persons with Disabilities Act, 2016 broadens the definition of disability and mandates reservation in education and employment.
• MGNREGA, 2005 guarantees a hundred days of wage employment, securing livelihood for the rural poor.
• NALSA, functioning under the Legal Services Authorities Act, 1987, delivers free legal aid to weaker sections.
• Beti Bachao Beti Padhao and similar schemes address gender-based social disadvantage.
• Reservation in local bodies under Articles 243D and 243T gives women one-third representation in Panchayati Raj Institutions and Urban Local Bodies.

Way forward

• Digital delivery: timely and transparent implementation of welfare schemes through digital platforms to plug leakages and improve last-mile reach.
• Institutional strengthening: greater financial and functional autonomy for the National Commissions for SC and ST.
• Convergence: linking skill development and livelihood missions with social justice schemes for durable, rather than one-time, upliftment.
• Social awareness: sustained campaigns to change attitudes, since legal remedies alone cannot eliminate deep-rooted discrimination.
• Policy review: periodic reassessment of reservation policy and welfare outlays in light of changing socio-economic indicators.

Conclusion