Essay On Distributive Justice
THE PHILOSOPHY OF DISTRIBUTIVE JUSTICE SYSTEM
Ashish Kumar
Distributive Justice or Economic Justice or the Fair Share principle, as the name suggests, is basically concerned with the social and economic welfare of the citizens. It says that an equal society is that where there is a fair allocation of the material goods and services between all the sections of the society. John Rawls, the main theorist of Distributive Justice gives two basic principles of Fairness or Fair Share related to Distributive Justice.
The Constitution of India, through Article 14, 15, 16, 38, 39, 39(A) enforces the principle of distributive justice. Distributive justice exists in a society where there exists no inequality, so the Indian constitution through these articles tries to remove the prevailing inequalities in the society. Under Article 38 the State shall strive to promote the welfare of the people and develop a social order empowered to bestow upon distributive justice in the form of social, economic and political justice. So, basically Distributive Justice is concerned with the welfare of the masses. There exists inequality in all spheres of life be it education, health, equality of opportunity, availability of services or any other field. Poverty is also one of the most extrinsic evidence of Inequality that is most evident in our Indian
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Our Constitution permits and even directs the State to administer what may be termed 'distributive justice '. The concept of distributive justice in the sphere of law-making connotes, inter alia, the removal of economic inequalities and rectifying the injusticeresulting from dealings or transaction between unequals in society. Law should be used as an instruments of distributive justice to achieve a fair division of wealth among the members of society based upon the principle: 'From each according to his capacity, to each according to his
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