Justice: NBSE Class 11 (Arts) Political Science Chapter 6 notes

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Here, you will find summaries, questions, answers, textbook solutions, pdf, extras etc. of (Nagaland Board) NBSE Class 11 Political Science Chapter 6: Justice. These solutions, however, should be only treated as references and can be modified/changed.

Introduction

Justice, often depicted as a blindfolded goddess holding evenly balanced scales, is a complex and multifaceted concept. It is a kind of “final virtue” that unites all other virtues like liberty, equality, fraternity, and public good. This article delves into the various aspects of justice, its meaning, kinds, and ways to secure it.

Justice is a coordinating or harmonizing doctrine that protects the rights of individuals and the order of society. It is based on the principle of equality, where each person counts as one and no more than one. This principle prohibits discrimination on grounds of race, caste, religion, sex, etc. The Greek philosophers Plato and Aristotle believed in “Proportionate Equality”, i.e., treating equals equally and unequals unequally. A person’s rights and awards must correspond to their worth and contributions to society.

Justice is categorized into Legal, Moral, Political, and Social Justice. Legal Justice emphasizes two factors: the rule of law and the right to a fair trial. Political Justice involves the right to take part in the government of one’s country through freely elected representatives. Social Justice demands that all should be provided with adequate opportunities for their development. It involves both a commitment to civil liberties and a belief in social justice, i.e., giving to the people what they need in terms of food, clothing, housing etc.

Economic Justice is another important aspect. It includes the right to work, equal pay for equal work, right to property and its limitations, satisfaction of the basic minimum needs, protective discrimination, and individual freedom as well as the larger good of society.

Securing justice involves criteria of impartiality, satisfaction of the basic minimum needs, protective discrimination, and individual freedom as well as the larger good of society. Protective discrimination can be made on just and proper grounds. For example, Dalits in India had been treated unfairly in the past. Therefore, special facilities are provided for them. Similarly, the women, the disabled, and other disadvantaged groups seemed to require extra-special facilities.

Thus, the success of a ‘Just Society’ lies in harmonizing all the three value systems: equality among equals, a high reward for those with special talent or merit, and fulfillment of basic needs of all plus ‘Protective Discrimination’ in favor of disadvantaged sections of society.

Textual questions and answers

A. Long answer questions

1. What is meant by Justice? Do you agree with the view that each person needs to be given his/her due?

Answer: Justice is a kind of “final virtue” which unites all other virtues like liberty, equality, fraternity, and public good. It is a complex concept, involving many details.

Yes, it is agreed that each person needs to be given his/her due. This is reflected in the concept of Economic Justice, which includes the right to work and state assistance in cases of unemployment and disablement. A person should be ensured the right to work. Moreover, a Welfare State ensures social security to its citizens, who now have the right to public assistance in case of unemployment, old age, sickness or disablement. In the words of John Rawls, “Justice is not an ‘ethic of rewards’ but an ethic of redress”. 

Those who are highly gifted must get proper reward, but it is all the more necessary to improve the lot of the “least advantaged” sections of society. Men and women must get equal pay for equal work. Economic weakness of women and the tender age of children should not be exploited. Protective Discrimination can be made on just and proper grounds. Dalits in India had been treated unfairly in the past. Therefore, special facilities were provided for them. 

Similarly, the women, the disabled and other disadvantaged groups seemed to require extra-special facilities. Such a treatment might be termed ‘Protective Discrimination’. They cannot be made prosperous overnight, but their sufferings can be mitigated to some extent. Arthur Okun says, “Society cannot stop rain, but it does manufacture umbrellas.”

2. Describe the key elements of Legal and Political Justice.

Answer: Legal justice: As far as the legal justice is concerned, an emphasis is laid on two factors:

• the need for just laws, and
• the just administration of laws. The existence of “Just” laws alone is not enough. It is also necessary that dispensation of justice is not excessively delayed and it should not involve much expenditure.

The law-courts should enjoy full freedom in settling the disputes. Judges are  generally called upon to judge the cases impartially and not to be swayed by the thoughts of enmity, friendship, fear or an allurement.

Political justice: Universal Declaration of Human Rights proclaimed: “Every one has the right to take part in the government of his country, directly or through freely chosen representatives”. This, in other words, is called “constitutional democracy”. 

The right to vote is a precious means to protect all other rights of citizens. It makes people conscious of their real political worth. It also makes people’s representatives aware of their duties towards the electorates. Political Justice comprises several features, such as: 

• periodic, free and fair elections
• universal suffrage
• secret voting, and
• equal access to public offices.

3. What is Social Justice? What measures have been taken to ensure Social Justice in India?

Answer: Social Justice demands that all should be provided with adequate opportunities for their development. It implies that the wealth of the country and the means of production should not be concentrated in a few hands. It involves both a commitment to civil liberties and a belief in social justice, i.e., giving to the people what they need in terms of food, clothing, housing etc.

Measures taken to ensure Social Justice in India are:

(i) Revision of the Social Order: The Indian Constitution, under Article 14, provides that “the State shall not deny to any person equality before the law.” Article 15 stipulates that “the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them”. No citizen shall on these grounds be subject to any restriction with regard to access to shops, public restaurants, hotels and places of public entertainment. There is a provision in our Constitution for reserving government jobs for SCs and STS and Other Backward Classes.

(ii) Prohibition of Exploitation: Exploitation of man by man should be brought to an end. Indian Constitution envisages this ideal of justice as well. The Constitution prohibits traffic in human beings and begar and other similar forms of forced labour.

(iii) Protection of the Interests of Minorities: The Indian Constitution provides that the minorities have a right to establish educational institutions for the purpose of preserving their culture and language. The State, while giving financial aid, shall not discriminate against such minority institutions.

(iv) Just Conditions of Work, Good Medical Care and Mass Literacy: It is essential that the State should provide just and humane conditions of work and opportunities for social and cultural development. The State should raise the standard of public health and make adequate arrangements for education. In India payment of wages is governed by the Minimum Wages Act, 1948, as amended from time to time. The Constitution provides for free and compulsory education to children in the age group of 6 to 14 years.

4. Explain the main elements of Economic Justice.

Answer: Some important elements of Economic Justice are as follows:

(i) Right to Work and State Assistance in Cases of Unemployment and Disablement: A person should be ensured the right to work. Moreover, a Welfare State ensures social security to its citizens, who now have the right to public assistance in case of unemployment, old age, sickness or disablement. In the words of John Rawls, “Justice is not an ‘ethic of rewards’ but an ethic of redress”. Those who are highly gifted must get proper reward, but it is all the more necessary to improve the lot of the “least advantaged” sections of society.

(ii) Equal Pay for Equal Work: Men and women must get equal pay for equal work. Economic weakness of women and the tender age of children should not be exploited.

(iii) Right to Property and its Limitations: Exponents of liberalism insist on minimizing State interference in economic matters and on protecting property rights. The people in England, India, USA, France and other countries have the freedom to carry on any trade, occupation or business. But like other freedoms, this also is not an absolute freedom. In all these countries private property can be acquired by State for public use.

5. What are the ways to secure Justice?

Answer: Some of the ways to secure justice are.

Criteria of Impartiality: Impartiality is significantly important in the scheme of justice. It means that nobody shall be discriminated against on grounds of religion, descent, caste, sex or place of birth.

Satisfaction of the Basic Minimum Needs: It is the calling of justice that man’s basic needs must be satisfied. Such needs, of course, would differ from country to country. They also change with the passage of time. According to a UN Report there are six parameters to count a family as being above the poverty line: simple food throughout the year, safe water, health amenities, housing, sanitary facilities and mass literacy, children getting education till primary level.

Protective Discrimination: It has been stated earlier that nobody should be subject to discrimination. Some discrimination, however, can be made on just and proper grounds. Dalits in India had been treated unfairly in the past. Therefore, special facilities were provided for them. Similarly, the women, the disabled and other disadvantaged groups seemed to require extra-special facilities. Such a treatment might be termed ‘Protective Discrimination’.

Individual Freedom as well as Larger Good of Society: Concept of justice lays due stress on “the dignity of an individual.” Citizens are provided with various kinds of freedoms for the sake of protecting their respect and dignity. The liberal democrats are of the view that better economic results are obtained for society by leaving commerce and industry, as far as possible, in private hands.

B. Short answer questions

6. What is Proportionate Justice?

Answer: The Greek philosophers Plato and Aristotle believed that justice meant “Proportionate Equality”, i.e. treating equals equally and unequals unequally. A man’s rights and awards, Aristotle believed, must correspond to his worth and his contributions to society. Flutes should be distributed, he said, only among those who have the capacity to play this musical instrument. According to this notion of justice, allocation of goods and honours should be according to one’s worth. Thus Justice required discrimination on the basis of differences. The State should classify people into several groups according to their ‘merit’ or abilities. Persons with special talent or those who can produce something valuable for society, will deserve a high reward.

7. Why did 20th century liberal thinkers develop a theory in which State assumed greater responsibilities in the economic field?

Answer: In the long run, laissez faire resulted in an exploitative system. Long hours of work and inadequate wages-these were the miseries to which the workers had to submit. The social misery of the unorganised masses made thinkers realize that “liberalism is in need of revision”. Twentieth century liberal thinkers, Laski, Hobhouse and MacIver, developed a theory in which State assumed greater responsibilities, particularly in the economic field. Modern liberalism stands for Social Justice. It involves both a commitment to civil liberties and a belief in social justice, i.e., giving to the people what they need in terms of food, clothing, housing etc.

8. Mention the Marxist view of Distributive Justice.

Answer: according to the Marxists, the source of injustice lay in the institution of private property. The Class that owns the means of production would control the State machinery as well. Injustice will come to an end only when the institution of private property is abolished. The present capitalist system will be destroyed by a proletarian revolution. The revolution will be followed by the ‘Dictatorship of the Proletariat’. The dictatorship, said Karl Marx, is transitory in nature. After a socialist society has been established, the need for this dictatorship will not be there. The state will wither away. A ‘classless society’ would be a ‘stateless society’ also and such an order is seen as the culmination of justice. It would be a society of the free and the equal. Such a Classless Society, needless to say, is dreamy and utopian.

C. Multiple Choice Questions: Tick (✔) the correct answer.

9. “Each person was to count as one and no more than one”. Who said so?

Answer: (b) J. Bentham

10. Who, among the political thinkers, made both ‘the need’ as well as ‘merit’ the basis on which he framed his theory of Justice?

Answer: (c) John Rawls

11. The main component of Political Justice is:

Answer: (b) The right to take part in the government of his/her country through freely elected representatives

12. Abolition of Untouchability and such other practices would fall under the scope of:

Answer: (c) Social Justice

Value-based question

The Women’s Reservation Bill providing for thirty-three percent reservation for women in the Lok Sabha and State Assemblies is pending in the Parliament. Would you call it a justifiable measure? Give reasons for your answer.

Answer: Yes, the Women’s Reservation Bill providing for thirty-three percent reservation for women in the Lok Sabha and State Assemblies is a justifiable measure. This is because it aligns with the concept of ‘Protective Discrimination’. It has been stated earlier that nobody should be subject to discrimination. However, some discrimination can be made on just and proper grounds. Women in India had been treated unfairly in the past. Therefore, special facilities are provided for them. They cannot be made prosperous overnight, but their sufferings can be mitigated to some extent. Arthur Okun says, “Society cannot stop rain, but it does manufacture umbrellas.” In all civilized societies some concessions are available to those who are disadvantaged. In the words of John Rawls, “Justice is not an ‘ethic of rewards’ but an ethic of redress.” Those who are highly gifted must get proper reward, but it is all the more necessary to improve the lot of the “least advantaged” sections of society.

Additional/extra questions and answers

1. What is the principle of equality as applied to justice? 

Answer: The principle of equality in justice stipulates that “each person was to count as one and no more than one.” This principle is foundational to concepts such as “equality before the law” and equal protection of laws, prohibiting discrimination on grounds of race, caste, religion, sex, etc. 

2. Explain the concept of Proportionate Justice as proposed by Greek philosophers Plato and Aristotle. 

Answer: Proportionate justice, as propounded by Greek philosophers Plato and Aristotle, is the concept of treating equals equally and unequals unequally. It dictates that a person’s rights and awards must correspond to their worth and contributions to society. For instance, Aristotle used the example that flutes should only be distributed among those who have the capacity to play this instrument. This principle necessitates discrimination based on individual differences, implying that the state should categorize people according to their merit or abilities. Consequently, those with special talents or who can provide something valuable to society should receive high rewards. 

3. What were the views of 19th-century liberal reformers like Bentham on justice, representative government, and civil liberties? 

Answer: The 19th-century liberal reformers such as Bentham stood for “equality before the law” and equal protection of laws, maintaining that “each person was to count as one and no more than one.” They believed in representative government and saw civil liberties – such as freedom of thought, speech, and action – as an essential aspect of a just and civilized society. In the economic field, however, their liberalism came to be associated with the laissez-faire theory, which proposed that the State should have no control over economic matters. 

4. Describe the evolution of the modern liberal conception of justice. 

Answer: The modern liberal conception of justice emerged as a response to the exploitative system brought about by laissez-faire economic policies, which led to social misery for unorganized masses with long work hours and inadequate wages. This realization prompted thinkers to reassess their views on liberalism. Twentieth-century liberal thinkers like Laski, Hobhouse, and MacIver, proposed a revised liberalism theory, assigning greater responsibilities to the State, especially in the economic field. This modern liberalism advocates for social justice, committing to both civil liberties and social justice, which includes providing people with their basic necessities like food, clothing, and housing. 

Q. What is the significance of the portrayal of Justice as a Goddess who is blindfolded and holding evenly balanced scales in her hands? 

Answer: The depiction of Justice as a blindfolded Goddess holding evenly balanced scales signifies the principle of impartiality that is core to the concept of justice. The blindfold symbolizes that justice is blind to a person’s social or economic status and treats all equally, whether they are high-ranking individuals or the common man. The evenly balanced scales embody the equal consideration given to both sides of an argument, reinforcing the belief that decisions should be made without favor or prejudice. This embodiment of Justice therefore illustrates the unbiased, impartial nature of the law and its equitable application to all individuals, a fundamental tenet in any just society. 

Q. How does the principle of proportionate justice differ from the principle of equality in the context of justice? 

Answer: The principle of equality and the principle of proportionate justice approach fairness from two different perspectives. The principle of equality, championed by 19th-century liberal reformers like Bentham, advocates for “each person to count as one and no more than one,” promoting the idea of “equality before the law” and equal protection of laws, regardless of individual differences. This principle calls for nondiscrimination based on factors such as race, caste, religion, or sex. On the other hand, the principle of proportionate justice, introduced by Greek philosophers Plato and Aristotle, prescribes treating equals equally and unequals unequally. This principle proposes that a person’s rights and rewards should be proportionate to their contributions and worth to society, allowing for differentiation based on individual merits and abilities. This approach views justice not solely in terms of absolute equality but in relative terms of deservedness and contribution. 

Q. What is the Marxist view on the source of injustice and how can it be resolved? 

Answer: According to the Marxists, the source of injustice is the institution of private property. Injustice is perpetuated by the class that owns the means of production and controls the State machinery. Marxists believe that this injustice will end only when the institution of private property is abolished. The existing capitalist system is predicted to be destroyed by a proletarian revolution. This revolution will lead to the ‘Dictatorship of the Proletariat’, which Marx asserts is transitory in nature. As a socialist society is established, the dictatorship becomes unnecessary and the state eventually withers away. The culmination of justice, according to Marxists, would be a ‘classless society’ and a ‘stateless society’, representing an order of the free and the equal. 

Q. Explain the concept of the ‘Dictatorship of the Proletariat’ as per Marxists. 

Answer: ‘Dictatorship of the Proletariat’ is a concept in Marxism that denotes a state in which the working class, or proletariat, has control. After the proletarian revolution dismantles the capitalist system, this temporary dictatorship is established to prevent counter-revolution and to transition towards a socialist society. According to Marx, this dictatorship phase is transitory and ceases to exist once the socialist society is firmly established, eventually leading to the state withering away. 

Q. What does a ‘classless society’ mean in Marxist terms? 

Answer: A ‘classless society’ in Marxist terms refers to a society where there is no division of individuals based on their relation to the means of production. In such a society, private property is abolished, and the means of production are commonly owned. This eliminates the class struggle, creating an egalitarian society of the free and the equal. According to Marxists, the advent of a classless society marks the culmination of justice, where everyone has equal access to the fruits of their labour. 

Q. Define justice as per C.E. Merriam. 

Answer: C.E. Merriam defines justice as a system of understandings and procedures through which each individual is accorded what is agreed upon as fair. This definition underscores three aspects: each society has certain understandings, beliefs, and ideals; the social, legal, and economic structures of the society rest on these understandings, beliefs, values, and ideals; and the people are provided with those rights and facilities which the society considers fair. 

Q. What is the interpretation of justice by Benn and Peters? 

Answer: Benn and Peters interpret justice as the act of treating all individuals alike, except when there are relevant differences between them. This understanding emphasizes equality in treatment while allowing for necessary differentiation based on substantive differences. 

Q. Explain John Rawls’ theory of justice. 

Answer: John Rawls’ theory of justice is based on ‘need’ as well as ‘merit’. He advocates for egalitarianism and justifies ‘Protective Discrimination’ that would most benefit the “less advantaged” sections of society. Essentially, Rawls’ theory seeks to provide a framework where social and economic inequalities are arranged so they benefit the least advantaged members of society and are attached to positions and offices open to all under conditions of fair equality of opportunity. 

Q. What is D.D. Raphael’s definition of justice? 

Answer: According to D.D. Raphael, justice is a mechanism that protects the rights of the individual as well as the order of society. Raphael believes justice consists in giving everyone their due. It’s a doctrine that asserts that there should be a just conciliation of the claims of all the sections of society. The real significance of justice, according to Raphael, is “Sarvodaya”, i.e., the progress of the whole society. This definition underscores the balance between individual rights and societal order, promoting the welfare and progress of all societal members. 

Q. What are the two factors of legal justice emphasized on? 

Answer: The two factors of legal justice emphasized are (i) the need for just laws, and (ii) the just administration of laws. 

Q. How does Aristotle define moral justice? 

Answer: According to Aristotle, moral justice is concerned with “the rightness and wrongness of man’s conduct.” He suggests that the State, being the supreme community, must aim at the supreme good. In essence, the laws and legal structures of a country should reflect what we know to be right or proper. 

Q. Define the key features of political justice as per the Universal Declaration of Human Rights. 

Answer: Political Justice as per the Universal Declaration of Human Rights includes (i) the right for everyone to take part in the government of his country, directly or through freely chosen representatives, (ii) periodic, free and fair elections, (iii) universal suffrage, (iv) secret voting, and (v) equal access to public offices. 

Q. What are the basic components of social justice and what elements of social justice did Hobhouse deal with in his work ‘The Elements of Social Justice’? 

Answer: The basic components of Social Justice are Liberty, Equality, and Fraternity. In his work ‘The Elements of Social Justice’, Hobhouse dealt with a number of questions such as rights and duties, liberty, legal structures, and the distribution of wealth. 

Q. What is the importance of the revision of the social order for social justice and how has the Indian Constitution addressed this issue? 

Answer: The revision of the social order is important for social justice because it ensures that society adapts to changing conditions and eliminates harmful practices. In the context of India, the constitution under Article 14 provides that “the State shall not deny to any person equality before the law.” Article 15 stipulates that “the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them”. This means that everyone should be given equal access to shops, public restaurants, hotels, and places of public entertainment, and there should be no restrictions based on these characteristics. Additionally, there is a provision in the Indian Constitution for reserving government jobs for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. This helps to ensure that everyone is provided with adequate opportunities for their development, which is a key principle of social justice. 

Q. How does the Indian Constitution envision the prohibition of exploitation as a facet of social justice? 

Answer: The Indian Constitution emphasizes the prohibition of exploitation as a facet of social justice. It prohibits traffic in human beings and ‘begar’ or forced labour and other similar forms of exploitation. It aims at establishing an environment where exploitation of man by man is eradicated, thereby creating an equitable society where everyone is treated fairly and with dignity. This constitutional vision seeks to ensure that the principles of liberty, equality, and fraternity are upheld, providing all citizens the opportunity to lead a life free from oppression and injustice. It also provides legal recourse for those who are victims of such exploitation, thereby empowering them to seek justice. This aligns with the broader objective of ensuring social justice as a foundational principle of governance and society. 

Q. What rights are provided to minorities in India under the Constitution, specifically regarding the establishment of educational institutions? 

Answer: The Indian Constitution provides minorities with the right to establish educational institutions for the purpose of preserving their culture and language. The State, while giving financial aid, shall not discriminate against such minority institutions. 

Q. What ideals are closely linked to social and economic justice? 

Answer: Economic justice implies that the wealth of the country and the means of production should not be concentrated in a few hands. Ideals of social and economic justice are linked up with each other so closely that it is difficult to say where one ends and the other begins. 

Q. Can you explain the role of the State in ensuring just working conditions, health standards and education as per the Indian Constitution? 

Answer: The Indian Constitution expects the State to provide just and humane conditions of work and opportunities for social and cultural development. It mandates the State to raise the standard of public health and make adequate arrangements for education. The payment of wages in India is governed by the Minimum Wages Act, 1948, which is amended from time to time. The Constitution also provides for free and compulsory education to children in the age group of 6 to 14 years. 

Q. What does Economic Justice entail according to John Rawls and the Indian Constitution? 

Answer: Economic Justice, according to John Rawls, implies that justice is not an “ethic of rewards” but an “ethic of redress”. It’s about improving the lot of the “least advantaged” sections of society. This justice is also echoed in the Indian Constitution which upholds the principle of ‘Right to Work’ and ensures social security to its citizens, including the right to public assistance in case of unemployment, old age, sickness or disablement. It also promotes ‘Equal Pay for Equal Work’, asserting that men and women must receive equal pay for equivalent work. 

Q. How do liberal and Marxist views differ on the right to property and its limitations? 

Answer: Liberalists argue for minimizing State interference in economic matters and on protecting property rights. In countries like England, India, USA, France and others, the people have the freedom to carry on any trade, occupation or business. However, this is not an absolute freedom, as private property can be acquired by the State for public use. On the other hand, Marxists advocate for all means of production to be run by the State rather than being privately owned. However, in practice, even European socialists have now become somewhat disillusioned with nationalization. 

Q. Explain Marc F. Plattner’s viewpoint on income distribution and the role of government taxation in ensuring economic justice. 

Answer: Marc F. Plattner posits a redistributionist view, implying that the income obtained by individuals is not entirely their own but belongs to society as a whole. He argues that when assessing the rate of tax on an individual, the government is deciding not how much of his own income it will require him to pay, but how much of society’s income it will allow him to keep. In this context, the government uses income tax and other taxes to establish a just economic order. The revenue generated is utilized for providing amenities to the citizens, thereby effectuating economic justice. 

Q. What does impartiality imply in the context of justice? 

Answer: Impartiality in the context of justice means that nobody shall be discriminated against on the grounds of religion, descent, caste, sex or place of birth. 

Q. What are the six parameters to count a family as being above the poverty line as per a UN Report? 

Answer: According to a UN report, a family is considered above the poverty line if they have access to six basic necessities: simple food throughout the year, safe drinking water, health amenities, housing, sanitary facilities, and mass literacy with children getting education till the primary level. 

Q. What is the concept of ‘Protective Discrimination’? Can you provide examples? 

Answer: ‘Protective Discrimination’ refers to a certain form of treatment that may appear discriminatory but is meant to safeguard the rights and interests of disadvantaged groups. This includes special facilities or provisions to help these groups overcome past or systemic disadvantages. For example, in India, Dalits have been treated unfairly in the past, so they are given special facilities. Women, the disabled, and other disadvantaged groups may also receive similar special provisions to improve their living conditions and opportunities. 

Q. Discuss the balance between individual freedom and the larger good of society in the concept of justice. 

Answer: The concept of justice lays due stress on both individual freedom and the larger good of society. On one hand, justice upholds the dignity of an individual and provides citizens with various freedoms to protect their respect and dignity. This is seen in the stance of liberal democrats who believe in better economic results obtained for society by leaving commerce and industry, as far as possible, in private hands. This respects the freedom and autonomy of individuals and private businesses. On the other hand, justice also acknowledges the importance of the larger good of society. This can involve regulations or provisions to protect public interest, social welfare measures, and policies that address systemic inequalities. A just society must strive to find a balance between respecting individual freedoms and working towards the larger good of society. 

Q. What does justice imply in terms of the basic needs of individuals? And how does it relate to the problem of poverty in South Asia? 

Answer: Justice implies that all individuals should have their basic needs satisfied. These basic needs include food, safe water, health amenities, housing, sanitary facilities, and mass literacy, with children getting education till the primary level. In the context of South Asia, including India, justice requires special efforts to eradicate poverty and provide primary education to all in the foreseeable future. This is because significant segments of the population are still living in poverty. For instance, as of July 2015, about 31.2 per cent of the rural population in India was classified as being poor. Therefore, to ensure justice, it is crucial to provide adequate income to each family, which includes the assurance of the Right to Work, so that these basic needs can be fulfilled. 

32. Discuss the concept of “Protective Discrimination” and explain how it helps in securing justice for disadvantaged groups. Provide examples. 

Answer: “Protective Discrimination” refers to a policy or approach that allows certain forms of discrimination on just and proper grounds, specifically aimed at uplifting disadvantaged sections of the society. Justice entails treating everyone fairly, but certain groups due to historical or systemic disadvantages, may require more than just fair treatment. They may need additional provisions or special facilities to help them come on par with the rest of society. 

For instance, in India, Dalits had been subject to severe discrimination and unfair treatment in the past. In order to redress this historic injustice and to level the playing field, they were provided with certain special facilities such as reservations in educational institutions and government jobs. Similarly, women, the disabled and other disadvantaged groups also require these extra-special facilities due to the systemic bias or disadvantages they face. 

The idea behind ‘Protective Discrimination’ is to enable these groups to effectively participate in societal processes and to enjoy the benefits of societal progress. It is not about giving these groups prosperity overnight, but about mitigating their suffering to a certain extent and providing them with opportunities to improve their socio-economic condition. This is necessary to improve the lot of the “least advantaged” sections of society, and in the words of John Rawls, “Justice is not an ‘ethic of rewards’ but an ethic of redress.” This ensures that highly gifted individuals can still receive proper reward, but those who are disadvantaged also get the help they need.

Additional/extra MCQs

1. Which legal principle prohibits discrimination on grounds of race, caste, religion, sex, etc.? 

A. Principle of Proportionate Justice B. Laissez Faire C. Principle of Equality D. Modern Liberalism 

Answer: C. Principle of Equality 

2. According to the Greek philosophers Plato and Aristotle, what does justice mean? 

A. Equality Before the Law B. Social Justice C. Proportionate Equality D. Civil Liberties 

Answer: C. Proportionate Equality 

3. Who argued for the idea that “each person was to count as one and no more than one?” 

A. Plato B. Aristotle C. Bentham D. Laski 

Answer: C. Bentham 

4. Which economic theory was associated with 19th-century liberal reformers like Bentham and J.S. Mill? 

A. Socialism B. Communism C. Laissez Faire D. Keynesian Economics 

Answer: C. Laissez Faire 

5. According to Aristotle, how should flutes be distributed? 

A. To the Wealthiest B. To Everyone C. To Those Who Can Play D. To the Needy 

Answer: C. To Those Who Can Play 

Q. Who among the following were 20th-century liberal thinkers that developed a theory of greater state responsibilities, particularly in the economic field? 

A. Bentham and Mill B. Plato and Aristotle C. Laski, Hobhouse and MacIver D. Manu, Yagnavalkya and Brihaspati 

Answer: C. Laski, Hobhouse and MacIver 

Q. What is the concept of justice depicted by a blindfolded Goddess holding evenly balanced scales? 

A. Proportionate Justice B. Equality C. Impartiality D. Laissez Faire 

Answer: C. Impartiality 

Q. What does modern liberalism stand for? 

A. Proportionate Justice B. Equality Before the Law C. Social Justice D. Laissez Faire 

Answer: C. Social Justice 

Q. According to the principle of Proportionate Justice, goods and honours should be allocated according to one’s…? 

A. Need B. Desire C. Wealth D. Worth 

Answer: D. Worth 

Q. Which theory proposed that the State should have no control over economic matters? 

A. Socialism B. Communism C. Laissez Faire D. Keynesian Economics 

Answer: C. Laissez Faire 

Q. According to the Marxists, what is the source of injustice? 

A. State Machinery B. Private Property C. Proletariat Revolution D. Dictatorship 

Answer: B. Private Property 

Q. Which revolution is expected to destroy the existing capitalist system, according to Marxists? 

A. Bourgeois Revolution B. Intellectual Revolution C. Proletariat Revolution D. Technological Revolution 

Answer: C. Proletariat Revolution 

Q. What does Karl Marx suggest will follow the proletarian revolution? 

A. Democracy of the Proletariat B. Dictatorship of the Proletariat C. Anarchy of the Proletariat D. Monarchy of the Proletariat 

Answer: B. Dictatorship of the Proletariat 

Q. What is the ultimate outcome of justice according to Marxists? 

A. Classless Society B. Stateless Society C. Socialist Society D. All of the above 

Answer: D. All of the above 

Q. According to C.E. Merriam, justice consists in a system of understandings and procedures to accord each individual what is ________. 

A. Earned B. Deserved C. Agreed upon as fair D. Legally right 

Answer: C. Agreed upon as fair 

Q. Benn and Peters suggest that to act justly is to treat all men alike except where there are ________ between them. 

A. Disparities B. Similarities C. Irrelevant differences D. Relevant differences 

Answer: D. Relevant differences 

Q. John Rawls bases his theory of justice on which two aspects? 

A. Equality and Liberty B. Need and Merit C. Wealth and Power D. Knowledge and Skill 

Answer: B. Need and Merit 

Q. Who justifies ‘Protective Discrimination’ for the benefit of the “less advantaged” sections? 

A. Karl Marx B. Benn and Peters C. John Rawls D. C.E. Merriam 

Answer: C. John Rawls 

Q. According to D.D. Raphael, justice protects what two aspects? 

A. The wealth of the society and the rights of the individual B. The order of the society and the rights of the individual C. The freedom of the society and the wealth of the individual D. The rights of the society and the freedom of the individual 

Answer: B. The order of the society and the rights of the individual 

Q. What is the real significance of justice according to D.D. Raphael? 

A. Democracy B. Egalitarianism C. Sarvodaya D. Liberty 

Answer: C. Sarvodaya 

Q. What are the two aspects upon which legal justice is emphasized? 

A. Laws and Morality B. Laws and Administration C. Morality and Politics D. Administration and Politics 

Answer: B. Laws and Administration 

Q. Who defined the concept of moral justice as “the rightness and wrongness of man’s conduct”? 

A. Socrates B. Plato C. Hobhouse D. Aristotle 

Answer: D. Aristotle 

Q. According to the Universal Declaration of Human Rights, what is the right of every individual in relation to their government? 

A. To be governed B. To be elected C. To take part D. To protest 

Answer: C. To take part 

Q. What is the voting method outlined in the principles of political justice? 

A. Open Voting B. Proxy Voting C. Secret Voting D. Electronic Voting 

Answer: C. Secret Voting 

Q. Which of the following is NOT a component of social justice as per Hobhouse’s work ‘The Elements of Social Justice’? 

A. Rights and Duties B. Legal Structures C. Wealth Accumulation D. Distribution of Wealth 

Answer: C. Wealth Accumulation 

Q. Which article of the Indian Constitution provides that “the State shall not deny to any person equality before the law”? 

A. Article 14 B. Article 15 C. Article 16 D. Article 17 

Answer: A. Article 14 

Q. Which article of the Indian Constitution stipulates non-discrimination on the grounds of religion, race, caste, sex, place of birth, or any of them? 

A. Article 14 B. Article 15 C. Article 16 D. Article 17 

Answer: B. Article 15 

Q. What does the Indian Constitution prohibit to prevent exploitation? 

A. Child Labour B. Forced Labour C. Minimum Wage D. Over Time 

Answer: B. Forced Labour 

Q. Who are the government jobs reserved for, as per the provisions in the Indian Constitution? 

A. Economically Backward Classes B. Women C. SCs and STs D. People with Disabilities 

Answer: C. SCs and STs 

Q. What type of justice involves periodic, free, and fair elections? 

A. Legal Justice B. Moral Justice C. Social Justice D. Political Justice 

Answer: D. Political Justice 

Q. What right does the Indian Constitution provide to the minorities concerning educational institutions? 

A. Freedom of speech B. Right to vote C. Right to establish D. Right to abolish 

Answer: C. Right to establish 

Q. The Minimum Wages Act was established in India in which year? 

A. 1950 B. 1965 C. 1948 D. 1971 

Answer: C. 1948 

Q. What age group does the Indian Constitution provide free and compulsory education for? 

A. 3 to 10 years B. 5 to 12 years C. 6 to 14 years D. 7 to 15 years 

Answer: C. 6 to 14 years 

Q. Which ethic of justice does John Rawls support? 

A. Ethic of rewards B. Ethic of redress C. Ethic of equality D. Ethic of sharing 

Answer: B. Ethic of redress 

Q. According to the Indian Constitution, who should receive equal pay for equal work? 

A. Men and children B. Women and children C. Men and women D. Adults and elders 

Answer: C. Men and women 

Q. Who advocates for minimizing State interference in economic matters? 

A. Socialists B. Marxists C. Liberals D. Communists 

Answer: C. Liberals 

Q. Who advocates for the State to run all means of production? 

A. Liberals B. Socialists C. Marxists D. Capitalists 

Answer: C. Marxists 

Q. According to Marc F. Plattner’s redistributionist view, whose income is an individual’s income? 

A. State’s B. Individual’s own C. Society’s D. Government’s 

Answer: C. Society’s 

Q. Which tool does the government use to establish a just economic order according to Plattner? 

A. Corporate tax B. Property tax C. Income tax D. Sales tax 

Answer: C. Income tax 

Q. What are the revenue proceeds of the State utilized for? 

A. Increasing the wealth of politicians B. Funding political campaigns C. Providing amenities to citizens D. Building military infrastructure 

Answer: C. Providing amenities to citizens 

Q. What is the principle that insists nobody should be discriminated against on grounds of religion, descent, caste, sex, or place of birth? 

A. Protective Discrimination B. Social Justice C. Impartiality D. Freedom 

Answer: C. Impartiality 

Q. As per a UN Report, which of these is not a parameter to count a family as being above the poverty line? 

A. Health amenities B. Sanitary facilities C. Access to the internet D. Simple food throughout the year 

Answer: C. Access to the internet 

Q. Which right should be ensured to provide adequate income to each family? 

A. Right to Vote B. Right to Speech C. Right to Work D. Right to Privacy 

Answer: C. Right to Work 

Q. The treatment which provides special facilities to disadvantaged groups such as Dalits and women is termed as? 

A. Social Security B. Protective Discrimination C. Positive Discrimination D. Affirmative Action 

Answer: B. Protective Discrimination 

Q. As of July 2015, what percentage of the rural population in India was estimated to be poor? 

A. 40.3% B. 31.2% C. 50.6% D. 29.1% 

Answer: B. 31.2% 

Q. Who said, “Society cannot stop rain, but it does manufacture umbrellas?” 

A. John Rawls B. Arthur Okun C. Mahatma Gandhi D. Nelson Mandela 

Answer: B. Arthur Okun 

Q. According to the concept of justice, better economic results are obtained for society by leaving commerce and industry in whose hands? 

A. Government’s B. Private C. Non-governmental organizations’ D. Public’s 

Answer: B. Private 

Q. Who described justice as not an ‘ethic of rewards’ but an ‘ethic of redress’? 

A. John Rawls B. Arthur Okun C. Nelson Mandela D. Mahatma Gandhi 

Answer: A. John Rawls 

Q. In the context of justice, which factor emphasizes the protection of citizens’ respect and dignity? 

A. Social welfare B. Individual freedom C. State authority D. Economic prosperity 

Answer: B. Individual freedom 

50. In order to secure justice, what special effort is needed in South Asia, including India? 

A. Eradicate poverty B. Increase GDP C. Promote technology D. Enhance military power 

Answer: A. Eradicate poverty