The relationship between the law and justice is complex, particularly in the realm of constitutional governance. While both are instrumental in upholding the principles of a democratic society, their essence differs fundamentally.

What is the essence of law and justice?

Law, at its core, represents a structured set of rules enforced by the coercive power of the state. The state ensures that these laws are obeyed by exercising its power and authority. Non-compliance with the law can lead to punitive measures, exemplifying the force-backed nature of law.

Justice, on the other hand, embodies the principles of fairness and equity. A just society is one where every individual is treated fairly, has equal access to opportunities, and is protected from discrimination or prejudice. While laws are meant to uphold justice, they don’t always equate to justice. It is entirely possible for a law to be legal but unjust in its impact or implementation.

How does the Constitution act as the foundational norm for India?

The Constitution serves as the backbone of a nation’s legal and administrative system. For India, the Constitution is the paramount law, setting the guidelines and framework within which the country operates. It outlines the nation’s fundamental principles, delineates the powers and responsibilities of different organs of the state, and guarantees certain rights to its citizens, known as Fundamental Rights.

All other laws, be it state laws or central laws, must align with the provisions and ethos of the Constitution. If they contravene any constitutional provisions, they can be declared null and void.

What role does the judiciary play in interpreting the Constitution?