This paper explores the profound influence of Gandhian philosophy on the Indian
Constitution, particularly in the context of realizing social justice. Mohandas
Karamchand Gandhi's principles of non-violence (ahimsa), truth (satya), and
self-reliance (swaraj) provided a moral and ethical framework that deeply
impacted the framers of the Indian Constitution. The integration of Gandhian
ideals into the constitutional provisions underscores India's commitment to
social justice, equality, and human dignity. Central to this examination is the
analysis of key constitutional elements such as the Preamble, Fundamental
Rights, Directive Principles of State Policy, and various legislative measures
that reflect Gandhian thought.
The Directive Principles, in particular, embody
Gandhi's vision of an equitable society by promoting economic and social
democracy. These principles aim to reduce inequalities, ensure fair distribution
of resources, and foster community-based development, resonating with Gandhi's
emphasis on rural upliftment and communal harmony. The paper also delves into
the practical application of Gandhian philosophy in contemporary India.
It
assesses how policies and initiatives aligned with Gandhi's vision have
contributed to social justice. For instance, land reform laws, affirmative
action policies, and rural development programs highlight the ongoing relevance
of Gandhian ideals in addressing socio-economic disparities. In conclusion, the
paper affirms that while significant strides have been made in embedding
Gandhian philosophy within the Indian constitutional framework, continuous
efforts are essential to bridge the gap between ideological aspirations and
practical realities. By reinvigorating Gandhian values in policy-making and
governance, India can progress towards achieving true social justice as
envisioned by both Gandhi and the framers of the Constitution.
Introduction
Mahatma Gandhi, often referred to as the Father of the Nation, envisioned an
India where social justice, equality, and non-violence were the cornerstones of
societal development. His profound impact on India's struggle for independence
extended beyond political freedom to the moral and ethical foundations of the
new nation.[1] Gandhi's philosophy, deeply rooted in the principles of truth (Satya),
non-violence (Ahimsa), and social harmony, continues to resonate in the
framework of the Indian Constitution, which seeks to realize his vision of an
equitable society.[2]
The Indian Constitution, adopted in 1950, serves as the
supreme law of the land and embodies the ideals of justice, liberty, equality,
and fraternity. These principles are prominently reflected in the Preamble,
Fundamental Rights, Directive Principles of State Policy (DPSP), and Fundamental
Duties.[3] This constitutional framework aims to address historical injustices,
promote social and economic equality, and foster an inclusive society, aligning
closely with Gandhian thought. Gandhi's influence is particularly evident in the
constitutional commitment to eradicate untouchability, promote rural
development, and ensure the welfare of marginalized communities.[4]
The
Directive Principles, although non-justiciable, provide a moral compass for the
state to pursue policies that uplift the socio-economically disadvantaged,
reflecting Gandhi's vision of a just society. [5] Furthermore, the judiciary has
played a pivotal role in interpreting these provisions, often invoking Gandhian
ideals to expand the scope of fundamental rights and enforce social justice.
Despite the constitutional commitment, the realization of social justice in
India faces significant challenges. Persistent issues such as caste
discrimination, economic inequality, and political corruption hinder the full
realization of Gandhi's vision. However, through legal reforms, affirmative
action policies, and grassroots activism, India continues to strive towards
achieving these ideals.[6]
The concept of social justice in India is deeply embedded in its history and
culture. Ancient Indian texts and philosophies, such as the Vedas and the
Upanishads, advocated for a society where individuals could live with dignity
and without discrimination. Despite these ideals, historical Indian society was
marked by significant inequalities, particularly through the caste system. The
modern Indian state, as envisioned by the framers of the Constitution, placed a
strong emphasis on social justice.
The Preamble to the Constitution of India
explicitly mentions "justice, social, economic, and political" as key
objectives. Various provisions within the Constitution, such as Articles 14, 15,
16, 17, and 21, aim to eliminate discrimination and promote equality. Mahatma
Gandhi's contributions to the foundation of social justice in India are both
profound and multifaceted. The foundation of social justice in India is a result
of its rich historical legacy and the transformative impact of Mahatma Gandhi's
philosophy and activism. Gandhi's unwavering commitment to the principles of
equality, economic justice, non-violence, and inclusive nationalism laid the
groundwork for a just and equitable society. The legal provisions enshrined in
the Indian Constitution serve as a testament to his enduring legacy in the realm
of social justice.[7]
Core Tenets of Gandhian Philosophy
Mahatma Gandhi's philosophy is a rich tapestry of ideas and principles that are
deeply rooted in the Indian ethos and universal moral values. These core
tenets—non-violence (Ahimsa), truth (Satya), equality and social harmony,
self-reliance (Swadeshi), and trusteeship—form the foundation of his vision for
a just and equitable society.[8] Understanding these tenets is essential for
appreciating how they influenced the Indian Constitution and the pursuit of
social justice.
-
Non-violence, or Ahimsa, is the cornerstone of Gandhian philosophy:
For Gandhi ji, Ahimsa transcended the mere absence of physical violence; it was a comprehensive principle that encompassed non-injury in thoughts, words, and actions. Gandhi believed that true non-violence requires a deep-seated love and compassion for all living beings, and it is an active force of the highest order. Gandhi applied Ahimsa in various social and political contexts, most notably in the Indian struggle for independence. He led mass movements such as the Non-Cooperation Movement, the Civil Disobedience Movement, and the Quit India Movement, all based on the principle of non-violent resistance.
Through these movements, he demonstrated that non-violence could be a powerful tool for social and political change, capable of mobilizing millions and compelling the British colonial government to concede to Indian demands. In contemporary times, the principle of Ahimsa remains relevant as a means of resolving conflicts and promoting peace. It serves as a guiding principle for various social justice movements worldwide, advocating for change without resorting to violence.
-
Truth, or Satya, is another fundamental tenet of Gandhian philosophy:
Gandhi ji equated truth with God, asserting that the pursuit of truth is the pursuit of the divine. For him, truth was not merely factual accuracy but an ethical commitment to integrity, honesty, and transparency in all aspects of life. Gandhi's adherence to truth was absolute; he believed that truthfulness in personal and public life was essential for moral and ethical development. This commitment to truth guided his actions and decisions, making him a credible and moral leader.
He emphasized that the means used to achieve an end must be as pure as the end itself, encapsulating the idea that righteous means lead to righteous outcomes. In practice, Gandhi's commitment to truth manifested in his principle of Satyagraha, or truth-force. Satyagraha involved non-violent resistance to injustice, guided by the moral force of truth. This approach not only aimed at resolving conflicts but also sought to transform opponents by appealing to their conscience.
-
Gandhi's vision of social harmony to inspire movements for social justice and equality:
Gandhi envisioned a society where all individuals, irrespective of caste, creed, gender, or economic status, lived in harmony with equal opportunities. He was a vocal critic of the caste system, particularly the practice of untouchability, and he worked tirelessly to eradicate these social evils. Gandhi's efforts to promote social equality included his campaigns against untouchability, his advocacy for the upliftment of the Harijans (a term he used for the untouchables, meaning "children of God"), and his efforts to integrate them into mainstream society.
He promoted inter-caste dining, inter-caste marriage, and equal access to public facilities. The principle of social equality is enshrined in the Indian Constitution, particularly in the provisions that prohibit discrimination and promote affirmative action for disadvantaged communities. Gandhi's vision of social harmony continues to inspire movements for social justice and equality around the world.
-
Swadeshi or self-reliance:
It is a principle advocating for economic independence and self-sufficiency. Gandhi championed the use of indigenous resources and local production to empower communities and reduce dependence on foreign goods. Gandhi's economic philosophy emphasized the importance of small-scale industries and rural development. He believed that empowering villages and promoting local crafts would not only foster economic self-sufficiency but also preserve cultural heritage and promote social cohesion.
The Swadeshi movement, which called for the boycott of British goods and the revival of Indian industries, was a practical application of this principle. Gandhi promoted the spinning of khadi (homespun cloth) as a symbol of self-reliance and economic independence. This movement not only had economic implications but also served as a unifying force in the fight against colonial rule.
-
Trusteeship:
It is a unique Gandhian principle that proposes a moral approach to wealth and property. According to this concept, individuals who possess wealth should consider themselves as trustees of that wealth, which should be used for the benefit of society as a whole. Gandhi believed that wealth should not be accumulated for personal aggrandizement but should be used to promote the welfare of others.
This principle aims to address economic inequalities by encouraging the wealthy to act as stewards of their resources, ensuring that their wealth serves the greater good. In practical terms, trusteeship advocates for corporate social responsibility, ethical business practices, and philanthropy. Gandhi's idea of trusteeship influenced various social and economic policies in India, encouraging businesses to contribute to social development and the well-being of their communities.
Gandhian Philosophy in the Indian Constitution
The period leading up to the adoption of the Indian Constitution in 1950 was
marked by intense political, social, and legal struggles that shaped the future
of India as an independent nation. Among the most significant influences during
this period was the philosophy of Mahatma Gandhi, whose ideas on non-violence,
truth, social justice, and self-reliance had a profound impact on the Indian
independence movement and the broader legal and political discourse.
The Indian
National Congress (INC), founded in 1885, became the principal vehicle for the
Indian independence movement. Gandhi's entry into the Congress in 1915 marked a
significant shift in the organization's strategies and ideologies. His emphasis
on non-violent resistance and mass mobilization transformed the Congress from an
elite-led political body into a mass movement that engaged millions of Indians
in the struggle for independence. Gandhi's philosophy of Satyagraha, or
non-violent resistance, became the hallmark of the Congress's political
strategy. Campaigns such as the Non-Cooperation Movement (1920-1922), the Civil
Disobedience Movement (1930-1934), and the Quit India Movement (1942) were all
grounded in the principles of Satyagraha.
These movements not only challenged
British colonial authority but also sought to build a sense of national unity
and self-reliance among Indians. Gandhi's influence on the INC also extended to
the organization's internal dynamics and decision-making processes. He advocated
for greater inclusivity, insisting that the Congress represent the interests of
all Indians, including women, Dalits, and religious minorities. This emphasis on
inclusivity and social justice was a precursor to the democratic values that
would later be reflected in the Indian Constitution.
Swaraj, or self-rule, was a central tenet of Gandhian philosophy and the Indian
independence movement. For Gandhi, Swaraj was not merely political independence
from British rule but a broader concept that encompassed moral and ethical
self-governance, economic self-reliance, and social justice. Gandhi's vision of
Swaraj was deeply rooted in Indian traditions and values, but it also
incorporated elements of Western political thought, particularly the ideas of
self-governance and civil liberties.
The legal implications of Swaraj were
significant. Gandhi's advocacy for Swaraj influenced the demand for greater
Indian representation in colonial governance and the eventual push for complete
independence. The Government of India Act 1935, which provided for provincial
autonomy and the establishment of a federal structure, can be seen as a partial
realization of the demand for Swaraj.
However, Gandhi was critical of these
reforms, as they fell short of true self-rule and did not address the broader
issues of social and economic justice that were central to his vision of Swaraj.
Gandhi's concept of Swaraj also had a direct impact on the legal strategies
employed during the independence movement. The demand for Swaraj often
manifested in legal challenges to colonial laws and policies that were seen as
unjust or oppressive. Gandhi himself was frequently involved in legal battles,
using the courts as a platform to articulate the principles of justice, equity,
and self-determination that underpinned his philosophy.
One of the most enduring aspects of Gandhian philosophy was his commitment to
social justice, particularly the eradication of untouchability and the
upliftment of the marginalized sections of society. Gandhi's approach to social
justice was deeply influenced by his Hindu upbringing, but it also reflected his
broader ethical and spiritual beliefs. Gandhi's campaign against untouchability,
which he referred to as "Harijan upliftment," was a key component of his broader
vision for a just and equitable society.
He believed that true Swaraj could not
be achieved without addressing the deep-seated social inequalities that plagued
Indian society. Gandhi's efforts to promote social equality included advocating
for the inclusion of Dalits (whom he called Harijans, or "children of God") in
the mainstream of Indian society, campaigning for their access to public spaces,
and supporting their right to education and employment.
Legally, Gandhi's campaign against untouchability laid the groundwork for the
constitutional provisions that would later abolish untouchability and provide
for affirmative action to uplift marginalized communities. The Poona Pact of
1932, an agreement between Gandhi and Dr. B.R. Ambedkar, was a significant legal
and political milestone in this regard. While the pact granted separate
electorates for Dalits, it also ensured that Dalit representatives would be
elected through a joint electorate system, thereby integrating them into the
broader political process.
Gandhi's "Constructive Program," a set of initiatives aimed at social and
economic reform, was another crucial aspect of his pre-constitutional
philosophy. The program included efforts to promote rural development, support
cottage industries, improve sanitation, and advance education, particularly
among women and marginalized communities. The legal and political significance
of the Constructive Program lay in its emphasis on self-reliance and grassroots
development. Gandhi believed that India's independence would be meaningless
without the economic and social empowerment of its people. The program sought to
build a strong foundation for an independent India, rooted in the principles of
self-sufficiency, social justice, and moral integrity.
Gandhi's focus on village-based development and the promotion of cottage
industries (Swadeshi) had a direct influence on the economic policies that were
later incorporated into the Indian Constitution. The Directive Principles of
State Policy, particularly those related to the organization of village
panchayats (Article 40) and the promotion of cottage industries (Article 43),
reflect Gandhi's vision of a decentralized, self-reliant economy. Gandhi's
commitment to non-violence (Ahimsa) was not just a personal moral choice but a
strategic tool for political activism.
The principle of non-violence was central
to the various civil disobedience movements that Gandhi led, and it became a
defining feature of the Indian independence movement. The legal framework of
protest in pre-constitutional India was significantly shaped by Gandhian
philosophy. Gandhi's approach to civil disobedience involved the deliberate and
public violation of unjust laws, followed by the willingness to accept the legal
consequences of such actions. This strategy aimed to highlight the moral
illegitimacy of colonial laws and to assert the moral authority of the Indian
people.
Gandhi's non-violent resistance influenced the development of a legal and
ethical discourse on the right to protest and the legitimacy of civil
disobedience. This discourse would later inform the constitutional guarantee of
the right to peaceful assembly and protest (Article 19(1)(b)) in independent
India. Gandhi's insistence on non-violence also set a precedent for the conduct
of political movements in India, emphasizing the importance of maintaining
ethical standards in the pursuit of justice.
As India approached independence, Gandhi's vision for the future of the nation
became increasingly focused on the moral and ethical foundations of governance.
While Gandhi did not directly participate in the drafting of the Indian
Constitution, his ideas had a profound influence on the Constituent Assembly and
the framing of the Constitution. Gandhi's vision for post-independence India
included the establishment of a decentralized polity, with a strong emphasis on
village self-governance (Gram Swaraj). He envisioned a society where economic
and social justice would be paramount, and where the moral and spiritual
development of individuals would be prioritized.
While the Indian Constitution
ultimately adopted a more centralized structure, many of Gandhi's ideas were
incorporated into the Directive Principles of State Policy, which serve as
guiding principles for the state in the pursuit of social justice and economic
equality. Gandhi's influence is also evident in the constitutional provisions
related to fundamental rights, particularly those concerning freedom of speech,
assembly, and association. These rights, which are essential for the functioning
of a democratic society, reflect Gandhi's commitment to individual liberty and
his belief in the importance of open and non-violent discourse.
Mahatma Gandhi's philosophy of truth, non-violence, social equality,
self-reliance, and trusteeship profoundly influenced the framing of the Indian
Constitution. The principles derived from Gandhian thought are embedded in
various constitutional provisions, reflecting a commitment to realizing Gandhi's
vision of a just and equitable society. Understanding how Gandhian philosophy is
incorporated into the Indian Constitution provides insights into the
constitutional framework for social justice.[13]
The Preamble to the Indian
Constitution encapsulates the foundational values and aspirations of the nation.
It declares India as a sovereign, socialist, secular, and democratic republic
committed to justice, liberty, equality, and fraternity. These values resonate
deeply with Gandhian ideals of truth, non-violence, social equality, and
communal harmony.[14]
The Preamble reflects Gandhi's vision of an inclusive society where every
individual is treated with dignity and enjoys equal rights and opportunities.
The Fundamental Rights enshrined in Part III of the Constitution guarantee civil
liberties and freedoms essential for the realization of Gandhian principles.
Fundamental Rights
-
Right to Equality (Articles 14-18): These articles ensure equality before the law and prohibit discrimination on grounds of religion, race, caste, sex, or place of birth. Article 17 specifically abolishes untouchability, reflecting Gandhi's commitment to eradicating social inequalities.
-
Right to Freedom (Articles 19-22): These articles guarantee freedoms such as speech, expression, assembly, association, movement, and residence. These rights align with Gandhi's emphasis on individual liberties and the right to dissent non-violently.
-
Right against Exploitation (Articles 23-24): These articles prohibit trafficking, forced labor, and child labor, reflecting Gandhi's advocacy for the eradication of exploitation and the protection of vulnerable sections of society.
The DPSPs, outlined in Part IV of the Constitution, provide guidelines for the state to promote the welfare of the people and establish a just society.
Several principles resonate with Gandhian philosophy:
-
Article 38 (Welfare of the People): It mandates the state to secure a social order for the promotion of welfare, minimize inequalities, and ensure economic justice. This aligns with Gandhi's vision of social and economic equality.
-
Article 39 (Directive Principles of State Policy): It emphasizes policies to ensure adequate means of livelihood, equitable distribution of resources, and the prevention of concentration of wealth. These principles reflect Gandhi's advocacy for self-reliance, economic empowerment, and equitable distribution of resources.
-
Article 40 (Organization of Village Panchayats): It promotes local self-governance through Panchayati Raj institutions, echoing Gandhi's emphasis on decentralized governance and community empowerment.
Article 51A lists the Fundamental Duties of citizens, emphasizing the importance of promoting harmony, brotherhood, and the spirit of common humanity. These duties resonate with Gandhian values of communal harmony, social responsibility, and the preservation of national heritage.
Applications of Principles of Gandhian Philosophy
-
Land Reforms: In line with Gandhi's concept of trusteeship, land reform laws were enacted to redistribute land from large landholders to landless farmers. These reforms aimed to reduce economic disparities and promote agrarian justice.
-
Panchayati Raj Institutions (PRIs): The establishment of PRIs through the 73rd Constitutional Amendment Act, 1992, revitalized the Gandhian ideal of decentralized governance. PRIs empower local self-government and enhance community participation in decision-making processes.
-
Affirmative Action: To address historical injustices and social inequalities, the Indian Constitution provides for affirmative action policies, including reservations in education and employment for Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
-
Rural Development Programs: Programs such as the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) and various rural health and education schemes reflect Gandhi's emphasis on rural upliftment and poverty alleviation.
The incorporation of Gandhian philosophy into the Indian Constitution reflects a
commitment to creating a just and equitable society. By embedding principles of
truth, non-violence, social equality, self-reliance, and trusteeship, the
Constitution provides a moral and ethical framework for governance and social
justice.[23] However, the realization of these ideals requires continuous
efforts by the state, judiciary, civil society, and citizens to address
persistent social inequalities and uphold the values enshrined.
Judicial Interpretation and Application
The judiciary has issued directives to control pollution, protect forests, and
preserve natural resources. PILs have advanced labor rights, ensuring fair
wages, safe working conditions, and the abolition of bonded labor. These
interventions align with Gandhi's commitment to social and economic justice for
workers. Judicial interventions through PILs have addressed issues such as the
right to food, healthcare, and education, ensuring the state fulfills its
responsibilities towards the welfare of its citizens.
These interventions
reflect Gandhi's vision of a society where basic needs are met, and individuals
can live with dignity.[24] The Indian judiciary has played a crucial role in
interpreting constitutional provisions in the light of Gandhian principles,
through several landmark judgments.
- Decriminalized consensual homosexual acts between adults, affirming the principles of equality, dignity, and freedom, aligning with Gandhian values of social justice and inclusivity.[25]
- Addressed issues related to environmental conservation and sustainable development, emphasizing the importance of protecting the environment for future generations, in line with Gandhian principles of environmental stewardship.[26]
- Declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional, affirming the rights of Muslim women and challenging gender discrimination, reflecting Gandhian principles of gender equality and social justice.[27]
- Recognized the right to privacy as a fundamental right under Article 21 of the Constitution, emphasizing individual autonomy and dignity, in line with Gandhian principles of personal freedom and human rights.[28]
- Recognized the rights of transgender individuals and affirmed their entitlement to legal recognition and protection, reflecting Gandhian values of inclusivity, compassion, and social justice.[29]
- Recognized sexual harassment at the workplace as a violation of fundamental rights under Articles 14, 15, and 21, reflecting Gandhian values of gender equality and dignity.[30]
- Examined the constitutional validity of reservations in public employment and educational institutions, reflecting efforts to promote social justice and uplift marginalized communities.[31]
- Addressed issues of gender-based violence and discrimination, emphasizing the importance of protecting the rights and dignity of women, in line with Gandhian principles of social equality and justice.[32]
- Dealt with bonded labor and the protection of labor rights, highlighting the importance of eradicating exploitation and ensuring the dignity of all workers.[33]
- Recognized the right to medical care and treatment as an integral part of the right to life under Article 21, emphasizing the state's duty to ensure the welfare and well-being of its citizens.[34]
- Addressed issues of environmental pollution and public health, emphasizing the state's responsibility to protect the environment and promote the health and safety of its citizens.[35]
- Examined the constitutional validity of laws banning cow slaughter, highlighting debates surrounding religious freedom, cultural practices, and social justice.[36]
- Addressed issues of Muslim women's rights to maintenance after divorce, reflecting debates surrounding gender equality, personal laws, and social justice.[37]
- Recognized the rights of transgender individuals and affirmed their entitlement to legal recognition and protection, reflecting Gandhian values of inclusivity, compassion, and social justice.[38]
- Struck down Section 66A of the Information Technology Act, 2000, which criminalized certain online speech, emphasizing the importance of freedom of expression and individual liberties, in line with Gandhian principles of personal freedom and human rights.[39]
Contemporary Challenges and Achievements
Challenges
- Caste Discrimination: Despite constitutional guarantees, caste discrimination remains pervasive in India. The persistence of caste-based violence and discrimination indicates that societal attitudes have not significantly changed, posing a significant barrier to realizing Gandhi's vision of social equality.
- Economic Inequality: Economic inequality continues to be a major challenge, with a significant gap between the rich and the poor. While economic growth has lifted many out of poverty, it has also led to increased disparities. Addressing these inequalities is crucial for achieving social justice.
- Political Corruption: Political corruption undermines the implementation of policies aimed at social justice. Corruption at various levels of government hampers the effective delivery of services and the realization of constitutional goals.
- Regional Disparities: The disparity in the implementation of social justice policies across different states and regions remains a significant barrier. Regional inequalities and the urban-rural divide continue to pose challenges to the realization of social justice.
- Environmental Concerns: Economic policies prioritizing rapid industrialization and urbanization often clash with Gandhian ideals of rural self-sufficiency and environmental sustainability. The focus on economic growth has sometimes led to the neglect of social justice goals, particularly in terms of environmental protection and sustainable development.
Addressing the Challenges
- Strengthening Legal Frameworks: Strengthening legal frameworks and ensuring their effective implementation is crucial for addressing issues such as caste discrimination, economic inequality, and political corruption. This includes enacting new laws where necessary and rigorously enforcing existing ones.
- Enhancing Institutional Capacity: Enhancing the capacity of institutions at all levels, from local self-governance bodies to national agencies, is essential for effective policy implementation. This includes providing adequate resources, training, and support to institutions involved in promoting social justice.
- Promoting Public Awareness: Promoting public awareness and education on issues of social justice is crucial for changing societal attitudes and fostering a culture of equality and respect. This includes incorporating Gandhian principles into educational curricula and public campaigns.
- Fostering Accountability and Transparency: Fostering a culture of accountability and transparency is essential for combating corruption and ensuring effective governance. This includes strengthening mechanisms for accountability, such as anti-corruption agencies and oversight bodies, and promoting transparency in government processes.
Conclusion
The Indian Constitution, inspired by Gandhian philosophy, lays a robust
foundation for achieving social justice. While there have been notable successes
in integrating Gandhian ideals into constitutional provisions and policy
initiatives, the journey towards fully realizing Gandhi's vision continues to
face numerous challenges. Gandhi was India's soul both before and after the
country's independence. His view of justice is infused with the idea that a good
lawyer must always choose the pursuit of truth and service over the benefits of
the legal profession.
Put another way, Gandhi advocated for judges to be
truth-seekers who lead straightforward, unostentatious lives while maintaining a
high standard of thought. Gandhi's idea of justice based on love and forgiveness
must be given unprecedented weight in the modern era, when violence, dishonesty,
and selfishness seem to have taken precedence, in order to inspire lawyers to
elevate the legal profession to new heights of morality and service. A renewed
commitment to Gandhian values, combined with effective policy implementation and
active civic engagement, is essential for bridging the gap between
constitutional ideals and social realities. The pursuit of social justice in
India remains an ongoing process that requires the concerted efforts of the
state, judiciary, and civil society.
Future Directions
Moving forward, it is crucial to continue building on the principles of Gandhian
philosophy and adapting them to contemporary challenges. This includes embracing
new approaches to social justice that address emerging issues such as digital
inequality, climate change, and global economic shifts. By staying true to the
core tenets of non-violence, truth, equality, self-reliance, and trusteeship,
India can continue to strive towards a just and equitable society.
End Notes:
- "National: We are for Gandhian socialism, says Vajpayee", The Hindu, 11 September 2004. Available at https://web.archive.org/web/20040927143151/http://www.hindu.com/2004/09/11/stories/2004091112771200.htm (last visited on 10 June 2024).
- Granville Austin, The Indian Constitution: Cornerstone of a Nation (Oxford University Press, 1999).
- Suresh Kumar Tripathi, Fundamental rights and directive principles under the Indian constitution (Jaipur: University Book House, 2017).
- N.R. Madhava, Human Rights and Law (Eastern Book Company, 2009).
- Upendra Baxi, The Indian Supreme Court and Politics (Eastern Book Company, 1980).
- Manjulika Koshal & Rajindar K, "Gandhi's Influence on Indian Economic Planning: A Critical Analysis" 32(3)
The American Journal of Economics and Sociology, 311–330, (July 1973). Available at https://onlinelibrary.wiley.com/doi/10.1111/j.1536-7150.1973.tb03156.x (last visited on 10 June 2024).
- Parekh, Bhikhu, "Gandhi's Political Philosophy: A Critical Examination", Indian Law Institute,
ILI Law Review, 2001.
- J. Prasant Palakkappillil, "The Gandhian Concept of Social Justice", in
Routledge International Handbook of Social Justice, ed. Michael Reisch, (New York: Routledge, 2014), Available at https://www.taylorfrancis.com/routledge-handbooks/?context=rho (last visited on 11 June 2024).
- Ibid.
- Brown & Judith, M. Gandhi: Prisoner of Hope (Yale University Press, 1989).
- "National: We are for Gandhian socialism, says Vajpayee", The Hindu, 11 September 2004. Available at https://web.archive.org/web/20040927143151/http://www.hindu.com/2004/09/11/stories/2004091112771200.htm (last visited on 11 June 2024).
- M.K. Gandhi, Hind Swaraj or Indian Home Rule (Navajivan Publishing House, 1938).
- John Rawls, A Theory of Justice, (Cambridge, Mass: The Belknap Press of Harvard University Press, 2005).
- Joseph S. Friedman, Mahatma Gandhi's vision for the future of India: The role of enlightened anarchy, 16(1)
Penn History Review, (2008). Available at https://repository.upenn.edu/cgi/viewcontent.cgi?article=1020&context=phr (last visited on 12 June 2024).
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- D.D. Basu, Commentary on constitution of India, Vol. 7 (Gurugram: Lexix Nexis, 2016).
- P. V. Narasimha Rao, The Directive Principles of State Policy in the Indian Constitution: A Study of Social and Economic Justice in India (Deep & Deep Publications, 1999).
- Rajeev Bhargava, Politics and Ethics of the Indian Constitution (Oxford University Press, 2008).
- Shiw Balak Prasad, Relevance of Gandhian Democracy for peace and human being, 7(4)
Open Journal of Political Science (2017). Available at https://www.scirp.org/journal/paperinformation.aspx?paperid=79885 (last visited on 15 June 2024).
- Ramanna, Anuradha and Jeevan Kumar, "Good governance, Decentralization and panchayat raj as seen from the perspective of Mahatma Gandhi", 13 June, 2011. Available at http://socialsciences.in/article/good-governance-decentralization-and-panchayat-raj-seen-perspective-mahatma-gandhi (last visited on 15 June 2024).
- S. Sozhiya & M. Jayapreethi, Law As An Instrument Of Social Change, 120(5),
IJPAMS, 4123,(2018).
- M.S. Devare, "Gandhian thought of Rural Development" 2015, Available at https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2664530_code2450204.pdf?abstractid=2664530&mirid=1 (last visited on 16 June 2024).
- Taruna Rathore, Social Justice and Indian Context, 3(9), IJSR, 110, 110, (2014).
- Videh Upadhyay, Public Interest Litigation in India: Concepts, Cases, Concerns (Lexis Nexis, 2007).
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- National Legal Services Authority v. Union of India (2014)
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- Indra Sawhney & Ors. v. Union of India (1992)
- Chameli Singh v. State of U.P. (1996)
- Bandhua Mukti Morcha v. Union of India (1984)
- Francis Coralie Mullin v. Administrator, Union Territory of Delhi (1981)
- State of Maharashtra v. Madhukar Narayan Mardikar (1991)
- State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005)
- Shah Bano Begum v. Union of India (1985)
- National Legal Services Authority v. Union of India (2014)
- Shreya Singhal v. Union of India (2015)
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