Abstract:

The Constitution of India is the foremost ordinance of the land holding massive noteworthiness in embodying the ideological aspirations of its people, promoting common benefit, maintaining harmony and unity, removing discrimination, and finally providing a framework for the political principles, procedures, and powers of government institutions. The Preamble of the Indian Constitution hugs Rawl’s idea of fair play proclaiming that each one is privileged to impartiality, freedom, and fairness in a welfare community as a birthright. John Rawl’s theory of justice is a milestone theory and an evergreen political conception in policy-making. There are two ideas of justice fair equality of opportunity guaranteed by Articles 14,15,16 and 39A. The proposition of the Difference Principle lies in Articles 16(4),29,30,46, and 23. Directive principles of nation-state policy are the guidelines of a prosperous nation. Research is conducted through descriptive analysis and case analysis methods by using the Articles of the Constitution. The primary object of this paper is to find out how the principles of the Indian Constitution are directly intertwined with Rawl’s principles. The entire research proceeds by interpreting various articles of the Indian Constitution with the coordination of John Rawl’s principle. This article aims to highlight the failure of John Rawl’s theory in implementing a welfare state and the criticism of eminent scholars is given focus in this context.

Keywords: John Rawls, Indian constitution, equality of opportunity, difference principle, Indian judiciary.

Introduction:

Rawls’ theory of justice perceives significant apposite in the Indian Constitution through its commitment to equality, social equity, and policies designed to boost the disadvantaged sections of society. The principles of fair and just equality of possibilities and efforts to strengthen the least advantaged underpin many constitutional provisions and state policies, reflecting a deep alignment with Rawls’ vision of a just society. Rawls’ principle of equal liberty resonates with Article 14 of the Indian Constitution, which gives assurance of equitability and impartiality in the eyes of the law and equivalent safeguarding of the laws within the territorial boundaries of India. Commitment to fair equality of opportunity is a prerequisite component of Rawls’ theory, and it prohibits discrimination on countless basis and fosters an equal approach to public employment. The theory spells out a detailed and traditional one of political and social justice. John Rawl got global recognition and fame for his most significant effort in political philosophy and his contribution impregnated a school of thought Rawlsianism.