Abhinandan Granth (English Article)

Social Equality and Legislation

T. K. TOPE
Principal, Govt. Law College, Bombay

THE French revolution gave to the modern Europe three noble principles,—liberty, equality and fraternity—the principles which have been the anchor sheet of the constitutions of freedom-loving countries. These principles have been and are the watchwords of human civilization and human progress. The founding fathers of the Indian Constitution who were brought up in the tradition of liberalism and who had inherited from our rich past the glorious doctrine of human dignity, incorporated in our Constitution, these noble principles. The ideal that India has placed before herself is the attainment of dignity of the individual and the unity of the nation. This can be achieved only if equality is established, not other­wise. Hence, the Constitution has rightly referred to equality, social, economic and political. The achievement of equality is a process of social revo­lution. Education can help to a great extent in this process. However, that alone will not be adequate. Legislation will be equally necessary, nay, it may be said, more necessary than education in a country where old prejudices die hard.

The achievement of economic and political equal­ity with the help of legislation is not a difficult task. India has achieved political equality. Planned eco­nomy aims at establishment of economic equality. If the schedule of the Plan, works satisfactorily, achievement of economic equality will be an easy task. Bentham, the noted English jurist, laid down philosophy of law which advocated social reforms with the help of legislation. In a society which accepts Bentham's philosophy, the inter-play of State action and public opinion deserves to be closely studied. This interplay is determined by the type of political system that controls legal action and secondly by social interest sought to be achieved by legislation. In a democratic State, this interplay is seen in various ways. The attainment of social interest depends upon the magnitude of social pres­sure and also on the type of  the constitution the country has.