Indian Constitution, Social Justice, Human Rights and Social Work Practice I: The Constitution's Characteristics, Preamble, Directive Principles and Key Articles; Social Justice, its Concept, History, Dimensions and Place as a Core Value of Social Work; Social Justice and Leadership; and the Instruments of Social Justice
2. Fundamental rights, directive principles and the articles social workers use
Fundamental rights are justiciable: a person can move the Supreme Court under Article 32, which Ambedkar called the heart and soul of the Constitution, or a High Court under Article 226. Directive principles are not enforceable in court but are "fundamental in the governance of the country" (Article 37), and the courts have read many of them into Article 21's right to life and personal liberty, which now includes the rights to livelihood (Olga Tellis, 1985), to live with dignity, to health, to shelter, to a clean environment, to privacy (Puttaswamy, 2017) and to legal aid. The table lists the articles most used in social work.
| Article | Provision | Use in social work |
|---|---|---|
| 14, 15, 16 | Equality; no discrimination; special provisions for women, children, SEBCs, SCs, STs (15(3), 15(4)); reservation in posts (16(4)); EWS (15(6), 16(6), 2019) | Basis of protective discrimination and reservation |
| 17 | Abolition of untouchability | Protection of Civil Rights Act 1955; SC/ST (Prevention of Atrocities) Act 1989 |
| 21, 21A | Life and personal liberty; free and compulsory education for children aged 6 to 14 (86th Amendment, 2002) | Dignity, health, shelter; the RTE Act 2009 |
| 23, 24 | Prohibition of traffic in human beings and forced labour; no child under 14 in factories, mines or hazardous work | Bonded labour, trafficking and child labour work |
| 38, 39 | A social order based on justice; minimising inequalities; livelihood, equal pay, protection of workers and children (39(e), (f)) | The goals of welfare and labour policy |
| 39A | Equal justice and free legal aid (42nd Amendment, 1976) | Legal Services Authorities Act 1987 |
| 41, 42, 43 | Right to work, education and public assistance in unemployment, old age, sickness and disablement; humane conditions of work and maternity relief; living wage | Pensions, employment guarantee, maternity benefit |
| 45, 46, 47 | Early childhood care and education below six (86th Amendment); educational and economic interests of SCs, STs and weaker sections; nutrition, public health and prohibition | ICDS, scholarships, nutrition schemes, de-addiction |
| 243D, 243T | Reservation in panchayats and municipalities, including not less than one-third for women | Women's and Dalit leadership in local government |
| 338, 338A, 338B | National Commissions for Scheduled Castes, Scheduled Tribes (89th Amendment, 2003) and Backward Classes (102nd Amendment, 2018) | Complaints and monitoring of safeguards |
4. Social justice and leadership
The syllabus groups a set of ideas under social justice and leadership. Community building develops the relationships, organisations and shared identity through which a community acts for itself. Personal and community empowerment, in Barbara Solomon's sense, reduces powerlessness at both levels: a person's sense of efficacy and a community's collective capacity. Social justice and technology raises new questions: the digital divide by income, caste, gender, region and disability; exclusion when welfare depends on biometric authentication or online applications; algorithmic bias in automated decisions; and the potential of technology for transparency, grievance redress and organising. Promoting a plan and vision for change means articulating a clear picture of a just alternative and a strategy to reach it. Reflection and connection refer to the practitioner's critical reflection on their own position and assumptions, and to building alliances across groups.
Social reconstruction is the rebuilding of social relations and institutions on just foundations, as after conflict or displacement, or in the transformation of caste and gender relations. Paradigms, policies and privileges ask the practitioner to examine the frameworks through which problems are defined, the policies that follow, and the unearned advantages that some groups enjoy; Peggy McIntosh's essay on "white privilege" (1988) popularised the analysis of privilege as the invisible counterpart of discrimination, and in India the same analysis applies to caste, class, gender and able-bodiedness. The implications of social justice for policy formulation are that policies should be judged by their effect on the least advantaged, should involve affected groups in their design, should address recognition as well as redistribution, and should be monitored with data disaggregated by caste, gender, disability and region.
5. Instruments of social justice
The constitutional base comprises the fundamental rights, the directive principles, the special provisions for disadvantaged groups and the remedies of Articles 32 and 226. The Indian legal system gives effect to them through the courts, which from the late 1970s opened public interest litigation by relaxing the rules of standing, so that any public-spirited person could approach the court for those unable to do so, even by letter (S. P. Gupta, 1981; Bandhua Mukti Morcha, 1984, on bonded labour). Free legal aid under Article 39A is provided through the Legal Services Authorities Act 1987, which set up the National Legal Services Authority and state and district authorities and gave statutory status to Lok Adalats. Legal advocacy uses litigation and legal aid; public advocacy uses research, media, campaigns and lobbying to change policy and opinion.
Civil society acts as a pressure group through voluntary organisations, movements, trade unions, professional associations and the media, bringing issues onto the agenda, monitoring the state and drafting alternative policies, as the campaigns for the right to information and the right to food did. Statutory bodies provide institutional channels: the National Human Rights Commission and State commissions under the Protection of Human Rights Act 1993; the National Commission for Women under the National Commission for Women Act 1990; the National Commission for Protection of Child Rights under the Commissions for Protection of Child Rights Act 2005; the National Commission for Minorities under the Act of 1992; the constitutional commissions for Scheduled Castes, Scheduled Tribes and Backward Classes; the Chief Commissioner for Persons with Disabilities under the Rights of Persons with Disabilities Act 2016; and the information commissions under the Right to Information Act 2005. A social worker helps clients use these channels and supplies them with evidence from the field.
Key takeaways
- The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950; it is parliamentary, federal with a strong centre, with judicial review, fundamental rights, directive principles and fundamental duties (Article 51A, 1976); the Preamble ("socialist", "secular" and "integrity" added in 1976) is part of the Constitution (Kesavananda Bharati, 1973).
- Key articles: 14–17 (equality, protective discrimination, untouchability), 21 and 21A (life with dignity; education 6–14, 2002), 23–24 (trafficking, forced and child labour), 38–39, 39A (legal aid), 41–43, 45–47, 243D and 243T, 338, 338A and 338B; the 106th Amendment (2023) reserves one-third of legislative seats for women after delimitation.
- Social justice: Aristotle's distributive and corrective justice; Rawls (1971) justice as fairness, the veil of ignorance and the difference principle; Nozick's entitlement theory (1974); Sen's niti and nyaya (2009); Fraser's redistribution and recognition; Ambedkar's social democracy; Indra Sawhney (1992); a core value in the NASW Code, the 2018 Statement and the 2014 Global Definition.
- Social justice and leadership: community building, personal and community empowerment, technology and exclusion, a vision for change, reflection and alliances, social reconstruction, privilege analysis (McIntosh 1988), and policies judged by their effect on the least advantaged with disaggregated data.
- Instruments: Articles 32 and 226, PIL (S. P. Gupta 1981; Bandhua Mukti Morcha 1984), legal aid (Legal Services Authorities Act 1987, NALSA, Lok Adalats), legal and public advocacy, civil society as a pressure group, and statutory bodies (NHRC 1993, NCW 1990, NCPCR 2005, NCM 1992, NCSC, NCST, NCBC, the Chief Commissioner for Persons with Disabilities, information commissions).
Practice questions (10)
Attempt each one before opening the answer. Every explanation names the tempting wrong option as well as the right one, because that is where marks are lost.
Article 21A, guaranteeing free and compulsory education to children aged 6 to 14, was inserted by the:
Show answer
Answer: A — 86th Amendment, 2002
The 86th Amendment (2002) inserted Article 21A, substituted Article 45 to cover early childhood care below six, and added a fundamental duty on parents. The 42nd Amendment added directive principles and duties, the 73rd created panchayati raj, and the 44th removed property from the fundamental rights.Which article of the Constitution directs the State to provide equal justice and free legal aid?
Show answer
Answer: B — Article 39A
Article 39A, inserted by the 42nd Amendment in 1976, is implemented through the Legal Services Authorities Act 1987. Article 17 abolishes untouchability, Article 24 bars child labour in hazardous work, and Article 51A lists fundamental duties.Which of the following are directive principles of state policy? Select all that apply.
Show answer
Answer: A — Article 47: nutrition, standard of living and public health; B — Article 42: just and humane conditions of work and maternity relief; D — Article 41: public assistance in unemployment, old age, sickness and disablement
Articles 41, 42 and 47 are in Part IV, the directive principles. Article 17 is a fundamental right in Part III, enforceable in court and given effect by the Protection of Civil Rights Act 1955 and the Atrocities Act 1989.Rawls's "difference principle" holds that social and economic inequalities are just only if they:
Show answer
Answer: C — Are to the greatest benefit of the least advantaged
The difference principle permits inequalities only when they most benefit the least advantaged, with positions open under fair equality of opportunity. Just acquisition and transfer is Nozick's entitlement theory, maximising total happiness is utilitarianism, and merit alone recalls Aristotle's distributive justice.In which year was the Legal Services Authorities Act, which gives effect to Article 39A through the National Legal Services Authority and Lok Adalats, enacted? Type the year.
Numerical answer — type the value.
Show answer
Answer: 1987
The Legal Services Authorities Act was enacted in 1987 and brought into force in 1995, when the National Legal Services Authority was constituted. Article 39A itself dates from the 42nd Amendment of 1976.Assertion (A): The words "socialist" and "secular" were added to the Preamble by the 42nd Amendment in 1976. Reason (R): In Kesavananda Bharati (1973) the Supreme Court held that the Preamble is not part of the Constitution. Choose the correct option.
Show answer
Answer: C — A is true, but R is false
The assertion is true. The reason is false: Kesavananda Bharati held that the Preamble is part of the Constitution, overruling Berubari (1960), and can be amended subject to the basic structure, which is why the 1976 amendment to it was possible.Untouchability is abolished and its practice in any form forbidden by:
Show answer
Answer: B — Article 17
Article 17 abolishes untouchability and makes the enforcement of any disability arising from it an offence. Article 14 guarantees equality before the law, Article 46 is a directive principle on the interests of weaker sections, and Article 338 creates the National Commission for Scheduled Castes.The separate National Commission for Scheduled Tribes under Article 338A was created by the:
Show answer
Answer: C — 89th Amendment, 2003
The 89th Amendment (2003) split the earlier combined commission and created Article 338A for Scheduled Tribes. The 102nd Amendment (2018) gave constitutional status to the National Commission for Backward Classes (Article 338B), and the 106th (2023) concerns women's reservation in legislatures.Which of the following are statutory bodies, created by an Act of Parliament? Select all that apply.
Show answer
Answer: A — The National Human Rights Commission; D — The National Commission for Women
The NHRC was created under the Protection of Human Rights Act 1993 and the NCW under the National Commission for Women Act 1990. NITI Aayog and the Planning Commission were both set up by executive resolutions of the Union Cabinet, not by statute.The argument that justice requires both the redistribution of resources and the recognition of devalued identities is associated with:
Show answer
Answer: D — Nancy Fraser
Nancy Fraser developed the two-dimensional view of justice as redistribution and recognition, later adding representation. Nozick defended entitlement theory, Rawls justice as fairness, and McIntosh wrote on privilege.
3. Social justice: concept, history, dimensions and a core value of social work
Social justice concerns the fair distribution of the benefits and burdens of social life, and the fair treatment and equal standing of all persons and groups. Aristotle distinguished distributive justice (allocating goods in proportion to merit) from corrective justice (restoring a balance after a wrong). The modern idea grew with the industrial revolution, socialism and the welfare state. John Rawls (A Theory of Justice, 1971) defined justice as fairness: people choosing principles behind a "veil of ignorance", not knowing their own place in society, would choose, first, equal basic liberties for all and, second, that social and economic inequalities be attached to positions open to all under fair equality of opportunity and be to the greatest benefit of the least advantaged (the difference principle). Robert Nozick (Anarchy, State, and Utopia, 1974) replied with an entitlement theory that treats any distribution arising from just acquisition and transfer as just. Amartya Sen (The Idea of Justice, 2009) distinguished niti, rules and institutions, from nyaya, the lives people are actually able to lead. Nancy Fraser argued that justice requires both redistribution of resources and recognition of devalued identities, later adding political representation.
In India the idea of social justice has been shaped by the anti-caste movements and by Ambedkar, who insisted that political democracy would not last without social democracy, "a way of life which recognises liberty, equality and fraternity as the principles of life", and by Gandhi's antyodaya. Its manifestations are the Constitution's protective discrimination, land reform, legal aid, public interest litigation, welfare legislation for workers, women, children and persons with disabilities, and the reservation policy upheld with a 50 per cent ceiling and the exclusion of the "creamy layer" in Indra Sawhney v Union of India (1992). Its dimensions are social (dignity and equal status), economic (fair distribution and livelihood), political (equal participation and representation), legal (equal protection and access to justice), gender and environmental. Social justice is a core value of social work: it is one of the six values of the NASW Code, a principle of the IFSW–IASSW Statement of Ethical Principles (2018), and central to the Global Definition of 2014. It asks the social worker to pursue change with and on behalf of vulnerable and oppressed people, not only to help them cope.