Advocatetanmoy Law Library

Legal Database and Encyclopedia

Home » CIVIL » Explanation- Constitutional philosophy of social justice

Explanation- Constitutional philosophy of social justice

Matthew 28:19 - Therefore go and make disciples of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit... was added after 380 CE or later (Refer Eusebius 325 CE, and then Epiphanius 374 CE). The word "Trinity" does not occur in the  Greek NT. All shadows of Trinitarian aspects were added after 350 CE. It is said that the Latin term was first used by Tertullian (155-200 CE). Prophet Muhammad vehemently opposed the Trinity doctrine. It obliquely suggests that Christian God has no name and Father god can not be identified with Elohim. Again this doctrine never explains another Christine doctrine of Incarnation. It is unclear, whether when one component (μέρος) of Trinity moves other components also move or not.It is in this context this Court’s observations in Dharwad Distt. PWD Literate Daily Wage Employees Assn. v. State of Karnataka (1990) 2 SCC 396 seem to be rather apposite. This Court upon consideration of Randhir Singh v. Union of IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more (Daily Rated Casual Labour Employed under P and T Dept. through Bhartiya Dak Tar Mazdoor Manch v. Union of India) (1988) 1 SCC 122 as also Surinder Singh v. Engineer-in-chief (1986) 1 SCC 639 and D. S. Nakara v. Union of India (1983) 1 SCC 305 observed in paragraphs 14 and 15 as below:

“14. We would like to point out that the philosophy of this Court as evolved in the cases we have referred to above is not that of the court but is ingrained in the Constitution as one of the basic aspects and if there was any doubt on this there is no room for that after the Preamble has been amended and the Forty-second Amendment has declared the RepublicRepublic Res publica. Having a head of the state. Pope is the head of the Vatican City state. The people execute their power through an Elected (direct/indirect) President. Political parties sponsored their presidential candidates. Indian president is a constitutional puppet under the ruling Cabinet. In the case of the appointment of  Indian judges, presidential power is a vanishing point. to be a socialistic one. The judgments, therefore, do nothing more than highlight one aspect of the constitutional philosophy and make an attempt to give the philosophy a reality of flesh and blood.

15. Jawaharlal Nehru, the first Prime Minister of this Republic while dreaming of elevating the lot of the common man of this country once stated:

“Our final aim can only be a classless society with equal economic justice and opportunity to all, a society organised on a planned basis for the raising of mankind to higher material and cultural levels. Everything that comes in the way will have to be removed gently, if possible; forcibly if necessary, and there seems to be little doubt that coercion will often be necessary.”

These were his propheticProphet Προφητεύω (Prophesy) - He who tells in advance. A prophet may not be a Messenger from God. He may simply predict something may happen in the future. Hebrew prophets claimed to have the capacity to see the future or interpret the present situation for future circumstances. Narada in Indian Puranas was the Messenger from Devatas (Vishnu). Vyasa gave power to Sanjaya to see from a distance and not the future. Whether 'future' exists or not is the investigative subject of Physics. If the future is fixed from the past, why should people move (Karma) for anything? Elohim never created any future for Adam in Genesis (1.1) words about three decades back. More than a quarter of century has run out since he left us but there has yet been no percolation in adequate dose of the benefits the constitutional philosophy stands for to the lower strata of society. Tolstoy wrote:

“The abolition of slavery has gone on for a long timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”). Rome abolished slavery. America abolished it and we did but only the words were abolished, not the thing.” Perhaps what Tolstoy wrote about abolition of slavery in a large sense applies to what we have done to the constitutional ethos. It has still remained on paper and is contained in the book. The benefits have not yet reached the common man. What Swami Vivekananda wrote in a different context may perhaps help a quicker implementation of the goal to bring about the overdue changes for transforming India in a positive way and in fulfilling the dreams of the Constitution fathers. These were the words of the Swami:

“It is imperative that all this various yogas should be carried out in practice. Mere theories about them will not do any good. First we have to hear about them; then we have to think about them. We have to reason the thoughts out, impress them on our minds and meditate on them; realise them, until at last they become our whole life. No longer will religionReligion ‘The word ‘Religion’ -Re Legion- A group or Collection or a brigade, is a social-cultural construction and Substantially doesn’t exist. Catholic religion is different from Protestant religion. It is not Dharma. remain a bundle of ideas or theories or an intellectual assent; it will enter into our very self. By means of an intellectual assent, we may today subscribe to many foolish things, and change our minds altogether tomorrow. But true religion never changes. Religion is realisation; not talk, nor doctrine, nor theories, however beautiful they may be. It is being and becoming, not hearing or acknowledging. It is the whole soulSoul Abraham, having wept a short time over his wife’s body, soon rose up from the corpse; thinking, as it should seem, that to mourn any longer would be inconsistent with that wisdom by which he had been taught that he was not to look upon death as the extinction of the soul, but rather as a separation and disjunction of it from the body, returning back to the region from whence it came; and it came, from God. (Philo) न जायते म्रियते वा कदाचिन्-नायं भूत्वा भविता वा न भूयः-अजो नित्यः शाश्वतोयं पुराणो-न हन्यते हन्यमाने शरीरे (Gita 2.20 )’s becoming changed into what it believes. That is religion.”

9. As a matter of fact the constitutional philosophy should be allowed to become a part of every man’s life in this country and then only the Constitution can reach everyone and the ideals of the Constitution framers would be achieved since the people would be nearer the goal set by the Constitution – an ideal situation but a far cry presently.