“The concept of Just and Unjust is contextual. What was just a year back, may turn out to be unjust in today’s context. Changing context should be constantly under scrutiny to prevent miscarriage of justice.” Examine the above statement with suitable examples. (2024, 10 Marks)

Paper	GS Paper 4
Word Limit	150 words
Syllabus Topic	Human Values; Ethics and Justice

Model Answer

Justice means giving each person their due. But what society sees as ‘due’ changes with new values, knowledge and rights. So laws and practices need constant review.

Examples of Changing Context

• Social customs: Sati was once accepted; it was banned in 1829. Untouchability was abolished by Article 17.
• Personal liberty: ADM Jabalpur (1976) denied rights in Emergency; Puttaswamy (2017) overruled it.
• Equality and dignity: Navtej Singh Johar (2018) decriminalised consensual same-sex relations; Joseph Shine (2018) struck down the adultery law.
• Colonial laws: The IPC was replaced by the Bharatiya Nyaya Sanhita.

Why Scrutiny Matters

• Old rules can hurt new groups, like women or minorities.
• Judicial review, Law Commission reports and public debate keep laws updated.

A Balance Is Needed

• Core values like dignity, life and fairness do not change; only our understanding grows.

Conclusion

A just society keeps questioning itself. Guided by constitutional morality, it can correct past wrongs without losing stability.

Related PYQs

• “The soul of the new law, Bharatiya Nyaya Sanhita (BNS) is Justice, Equality and Impartiality based on Indian culture and ethos. Discuss this in the light of a major shift from a doctrine of punishment to justice in the present judicial system. (2024)
• “Constitutional morality is not a natural sentiment but a product of civil education and adherance of the rule of law.” Examine the significance of constitutional morality for public servant highlighting the role in promoting good governance and ensuring accountability in public administration. (2025)
• Analyse John Rawls’s concept of social justice in the Indian context. (2016)