The Story of Indian Democracy

The Story of Indian Democracy

Question

Discuss constitutional norms and social justice in about 250 -300 words.

Or

Why is it useful to understand difference between law and justice? How does interpretation to laws aid social justice in India?

Answer

I. Importance to understand difference between law and justice: It is useful to understand that there is a difference between law and justice. The essence of law is its force. Law is law because it carries the means of coerce or force obedience. The power of the state is behind it. The essence of justice is fairness. Any system of laws functions through a hierarchy of authorities.

II. Constitutional Norms: The basic norm from which all other rules and authorities flow is called the Constitution. It is the document that constitutes a nation’s tenets. The Indian Constitution is India’s basic norm. All other laws are made as per the procedures the Constitution prescribes. These laws are made and implemented by the authorities specified by the Constitution.

III. Interpretation to laws and Social Justice: Hierarchy of courts (which too are authorities created by the Constitution interpret the laws when there is a dispute. The Supreme Court is the highest court and the ultimate interpreter of the Constitution. The Supreme Court has enhanced the substance of Fundamental Rights in the Constitution in many important ways.

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