LLM Notes: Judicial process is influenced by theories of justice- explain this concept with reference to landmark indian judgments

Judicial Process and Theories of Justice: Analyzing Landmark Indian Judgments

The judicial process in India is deeply influenced by various theories of justice, which serve as guiding principles for interpreting laws and delivering judgments. These theories—ranging from distributive and procedural justice to Rawlsian fairness—find reflection in landmark Indian cases. Below is an exploration of this concept with key judgments that illustrate how theories of justice shape judicial reasoning.

1. Distributive Justice: Equality and Fair Allocation

Distributive justice focuses on the fair allocation of resources, rights, and opportunities within society. The Indian judiciary has upheld this principle through cases like:

• Kesavananda Bharati v. State of Kerala (1973): The Supreme Court introduced the "Basic Structure Doctrine," ensuring that constitutional amendments do not violate fundamental rights, including equality and justice for all citizens.

• Indra Sawhney v. Union of India (1992): This case upheld caste-based reservations as a tool for achieving social and economic equity, aligning with the principles of distributive justice.

2. Procedural Justice: Fairness in Legal Processes

Procedural justice emphasizes fairness in the methods used to resolve disputes and enforce laws. Key judgments include:

• Maneka Gandhi v. Union of India (1978): The Court ruled that any procedure under Article 21 (Right to Life) must be fair, just, and reasonable, rejecting arbitrary state actions.

• Bhagalpur Blinding Case (1980): The Court held that Article 21 guarantees free legal aid and timely production before a magistrate, reinforcing procedural fairness.

3. Social Justice: Protecting Marginalized Groups

Social justice aims to address systemic inequalities and protect vulnerable populations. Landmark cases include:

• Vishaka v. State of Rajasthan (1997): This judgment laid down guidelines to prevent sexual harassment at workplaces, promoting gender equality and dignity.

• National Legal Services Authority v. Union of India (2014): Recognizing transgender individuals as the "third gender," the Court affirmed their fundamental rights under Articles 14, 19, and 21.

4. Rawlsian Theory of Justice: Fairness as Equality

John Rawls' theory of justice emphasizes liberty and equality as foundational principles. While not explicitly cited, its influence is evident in cases like:

• Mohini Jain v. State of Karnataka (1992): The Court declared education a fundamental right under Article 21, ensuring equal access for all citizens.

• Olga Tellis v. Bombay Municipal Corporation (1985): The judgment recognized the right to livelihood as part of the right to life, reflecting Rawlsian ideals of fairness.

5. Corrective Justice: Remedying Wrongs

Corrective justice seeks to rectify injustices through compensation or punishment. Notable examples include:

• Shah Bano Case (1985): The Court upheld maintenance rights for divorced Muslim women under Section 125 CrPC, ensuring gender justice despite religious opposition.

• M.C. Mehta v. Union of India (1986): The Court enforced environmental accountability through the "Polluter Pays" principle, aligning with corrective justice ideals.

6. Transformative Justice: Societal Change

Indian courts have also embraced transformative justice to bring about societal change:

• Navtej Singh Johar v. Union of India (2018): Decriminalizing consensual homosexual acts under Section 377 IPC marked a shift towards inclusivity and equal rights.

• Deepika Singh v. Central Administrative Tribunal (2022): This judgment recognized atypical families, extending legal protections to non-traditional family structures.

7. Economic Justice: Bridging Inequalities

Economic justice ensures equitable distribution of wealth and opportunities:

• Janhit Abhiyan v. Union of India (2022): The Supreme Court upheld the 103rd Constitutional Amendment providing reservations for economically weaker sections (EWS), balancing economic disparities with constitutional mandates.

Conclusion

The judicial process in India is not merely about interpreting laws but also about embedding principles of justice into its decisions. By drawing from diverse theories—distributive, procedural, social, Rawlsian, corrective, transformative, and economic—the judiciary ensures that its rulings resonate with constitutional values like equality, liberty, and dignity. Landmark judgments illustrate how these theories shape legal reasoning while addressing India's unique socio-economic challenges.

Print Page