UPSC Mains 2024 GS4 Q8 — Justice and Context
"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. (Answer in 150 words)
Question Decoded — examiner's intent
- Directive verbs
- Examine
- Scope keywords
- Just and Unjust is contextualjust a year backunjust in today's contextChanging contextconstantly under scrutinymiscarriage of justice
- Implicit sub-parts
- How do socio-technological and ethical paradigms shift over time?
- Why is a static interpretation of justice dangerous for a progressing society?
- What mechanisms (judicial, social, or legislative) ensure constant scrutiny of current norms?
- How does historical injustice provide the rationale for evolving contemporary rights?
- Common pitfalls
- Writing a purely legalistic answer focused only on court cases without ethical depth.
- Failing to provide 'suitable examples' as specifically requested by the prompt.
- Neglecting the phrase 'constantly under scrutiny' by not mentioning the need for dynamic review mechanisms.
- Confusing 'contextual' with 'relative'—it is about evolving standards of morality, not just personal opinion.
- Dimensions required
- Historical-LegalTechnological-EthicsSociocultural NormsConstitutional-Evolutionary
- Marks allocation hint
Allocate 30 words to defining the fluidity of justice. Spend 80 words providing three distinct examples of context shifts (e.g., IPC 377, data privacy, or environmental laws). Use the final 40 words to argue for the necessity of 'constant scrutiny' via tools like Judicial Review or Social Audit to prevent moral stagnation.
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