Social Justice & Industrial Laws - Article 38

Social Justice & Industrial Laws

Article 38

“state to secure a social order for promotion of welfare of people”

The Preamble of the Constitution features includes the possibility of socio-economic equity, being the standard focuses of the State required by the Constitution.

Article 38 of the Constitution provides the concept of social justice by providing that the State shall strive to promote the welfare of the people by securing and protecting, as effectively as it may, social order in which justice, social, economic and political shall inform all institutions of the national life. Further, Article 39 says that it shall be the duty of the state to apply certain principles of social justice in making laws.

Justice Gajendragadkar

“The concept social and economic justice is a living concept of revolutionary import, it gives sustenance to the rule of law, meaning and significance to the ideal of the welfare state.”

Justice Gajendragadkar

The State of Mysore v. Workers of Gold Mines, AIR 1958 SC 923

In the economic sphere, social justice means opportunities in greater measure to the poor and the needy for the betterment of their social and economic conditions. 

It doesn't mean making rich man poor so as to make poor men rich. It doesn't imply that all riches ought to be shared similarly arrangement of fundamental mimimum to all in light of life and living offices for advancing one's own qualities and way worth are the basic substance of social equity.

“The State has constitutional responsibilities and the citizens have moral responsibility and the combination of the two types of responsibilities tend to create an ideal society worthy to live in”

Chakradhar Jha,

- ‘Judicial Review of Legislative Acts’ (1974), p. 254.

Industrial laws are socio-economic justice oriented

 (abstract from Mahesh Chandra's book ‘Industrial Jurisprudence’ (1976), p. 47)

"The concept of social justice is so innate and demonstrated in the industrial laws of our country. As proclaimed in the Preamble of the Constitution and the Directive Principles of State Policy, the industrial jurisprudence of the country is founded on the basic idea of socio-economic quality and its aim is to assist the removal of socioeconomic disparities and inequalities.
The laws particularly the industrial laws of the country revolve on this basic philosophy of the Constitution. The concept of social justice is though not limited to any particular branch of legislation although it is more prominent and conspicuous in industrial laws and relations.
Its scope is comprehensive and is founded to the basic ideals of social economic equality and it aims at assisting the removal of social economic disparities and inequalities of birth and the competing claims especially between the employers and workers by finding a just, fair and equitable solution to their human relation problem, so that peace, harmony and collection of the highest order prevails among them which may further the growth and progress of nations. "

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