Justice is dynamic rather than static, evolving alongside collective moral consciousness, technological realities, and socioeconomic contexts. As philosopher John Rawls observed, justice is the first virtue of social institutions. Norms that were once accepted under legal positivism can be recognized as unjust under contemporary constitutional standards, necessitating continuous review to prevent miscarriages of justice.

Contextual Nature of “Just” and “Unjust”

• Historical Evolution of Social Morality: Traditional social practices once perceived as acceptable have been recognized as grave injustices as moral standards advanced.
  • Examples: The abolition of Sati in 1829, criminalization of untouchability under Article 17, and progressive legal actions against child marriage.
• Technological Advances Reshaping Rights: Technological developments create new ethical dilemmas that existing laws cannot address, requiring recalibrated definitions of justice.
  • Example: Expanding the right to privacy in the digital age (Puttaswamy case, 2017) and updating cyber jurisprudence under the DPDP Act, 2023.
• Shifting Jurisprudential Contexts: Courts periodically review older precedents to align legal outcomes with human dignity.
  • Example: In Navtej Singh Johar v. Union of India (2018), the Supreme Court struck down Section 377 IPC, recognizing that criminalizing consensual relationships violated constitutional morality.
• Public Health Crises and Proportionality: During health emergencies, temporary restrictions on personal mobility are accepted for community welfare, but applying identical restrictions during normal circumstances would constitute administrative overreach.

Measures to Scrutinize Changing Contexts and Prevent Injustice

• Active Doctrine of Judicial Review: Constitutional courts utilize judicial review under Articles 32 and 226 to re-evaluate outdated legal provisions through a “living tree” interpretation of the Constitution.
• Periodic Legislative and Regulatory Audits: Law Commissions and Parliamentary Standing Committees must review and repeal archaic colonial laws, replacing them with rights-respecting statutes.
• Ethical Audits for Emerging Technologies: Establish independent ethics committees to evaluate bias in algorithmic tools and automated public decision-making frameworks.
• Participatory Feedback and Social Audits: Engage civil society and local communities through institutional consultations to verify that administrative rules address ground realities.

As Dr. B.R. Ambedkar stated, justice represents a continuous disposition to render every person their due. Continuous ethical reflection ensures legal and administrative structures remain responsive to human rights and fairness.