1. Theory Overview: John Rawls proposed his Theory of Justice in 1971 as an alternative to utilitarianism, focusing on distributive justice, fairness, and equality in society.
2. Original Position and Veil of Ignorance: Rawls introduced the original position concept, where individuals select principles of justice behind a veil of ignorance, ensuring impartiality by removing knowledge of their social status, class, or abilities.
4. Principles
of Justice:
o Greatest
Equal Liberty Principle: Each
individual has equal rights to the most extensive liberties compatible with
similar liberties for others.
o Difference
Principle: Social
and economic inequalities are permissible only if they benefit the least
advantaged.
o Equal
Opportunity Principle:
Inequalities must be linked to positions open to all under fair conditions.
5. Lexical Ordering: Rawls emphasized a hierarchy where basic liberties take precedence over equal opportunity, which in turn precedes the difference principle. This ensures that fundamental rights cannot be compromised for economic or social gains.
6. Relevance
to Indian Constitution:
o The Preamble reflects principles of
social, economic, and political justice, aligning with Rawls' vision of
fairness and equality[1][2].
o Fundamental Rights (Articles 14, 15,
16) enshrine equality before law and prohibit discrimination while allowing
affirmative action for disadvantaged groups, resonating with Rawls' difference
principle[1][2].
7. Article
21: Guarantees the right to life
and personal liberty, interpreted to include dignity, livelihood, and
health—core aspects of Rawls' idea of justice for all[1].
8. Directive Principles of State Policy (Article 38): Directs the State to promote welfare and establish a social order based on justice, reflecting Rawls' emphasis on rational thinking and support for disadvantaged groups.
9. Reservations and Affirmative Action: Indian policies like reservations for backward classes align with Rawls' principle of redress, which advocates preferential treatment for those born into less favorable conditions.
10. Philosophical Basis for Democratic Institutions: Rawls' theory provides a moral foundation for democratic systems by emphasizing fair cooperation among citizens and ensuring justice across generations—a concept mirrored in India's constitutional framework.
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