Dr. Ambedkar’s idea of social justice leads to ‘egalitarian justice’ as compared to Rawls’ ‘justice as fairness’ which aims at the notion of ‘pure procedural justice’. Comment. (2022, 20 Marks)
John Rawls asks what fair terms free and equal persons would choose; B. R. Ambedkar begins from a society that contained no free and equal persons, only graded inequality. The statement is right about their premises and methods, but it overstates the opposition in their aims.
Rawls: pure procedural justice
A Theory of Justice (1971, §14) separates perfect procedural justice (an independent criterion and a procedure that secures it: one cuts the cake, the other chooses), imperfect (a criterion without a guaranteeing procedure: a criminal trial) and pure (no criterion outside the procedure: a fair gamble, whose result is fair because of how it was reached). Justice as fairness uses the pure form twice: the principles are whatever parties in the original position would choose, and within a just basic structure the resulting distribution is just, whatever it is.
Ambedkar: egalitarian justice
- A layered hierarchy. Annihilation of Caste (1936) describes caste as graded inequality, and Ambedkar saw a society divided further by religious, communal and cultural loyalties. The state had to reckon with all of them, and caste had to be destroyed, not reformed.
- Social before political democracy. On 25 November 1949 he warned of “a life of contradictions”: “one man one vote and one vote one value” in politics, while social and economic life still denied “one man one value”.
- Unequal means to equal ends. Law must guarantee the claims of the most excluded, so he defended reservation and protective discrimination, and saw democracy as a way to achieve revolutionary social change without bloodshed.
- Union of trinity. Liberty, equality and fraternity are inseparable, and fraternity is the operative value.
Justice is defined by its end; institutions are instruments.
Where the contrast holds
Rawls treats the unequal start as a fact institutions must handle; Ambedkar treats it as the thing to be dismantled. Rawls identifies the least advantaged mainly by an index of income and wealth, so caste and stigma enter only indirectly; Ambedkar’s currency is status, dignity and agency. Where Rawls secures a list of basic liberties, Ambedkar asks whether the excluded can act on them.
Where it is overdrawn
- Rawls is substantive in effect. Pure procedure operates only against a background fixed by fair equality of opportunity and the difference principle; in his 1995 reply to Jürgen Habermas he called justice as fairness substantive. His Restatement (2001) prefers property-owning democracy or liberal socialism to welfare-state capitalism.
- Ambedkar was a liberal constitutionalist. He welcomed the Draft Constitution’s choice of “the individual as its unit” over the village, held liberty a core value, and made constitutional morality, legal methods and political representation the route to social democracy; unconstitutional methods, once remedies exist, were the “grammar of anarchy”. He treated political power as the key to social progress: economic uplift without standing and voice would not last.
- Convergence. For Rawls the difference principle expresses fraternity, and “perhaps the most important primary good” is self-respect, close to Ambedkar’s dignity.
Indian application
Janhit Abhiyan v. Union of India (2022, 3:2) upheld the 10% EWS quota, an income metric Rawls’s framework can accommodate; the dissent of S. Ravindra Bhat J, with Chief Justice U. U. Lalit, that excluding the SC, ST and OBC poor violates the equality code states Ambedkar’s view that the disadvantage is caste. State of Punjab v. Davinder Singh (2024), permitting sub-classification within Scheduled Castes, is a graded remedy for graded inequality.
Conclusion
The statement captures a real difference of method: Rawls designs fair procedures for equals, Ambedkar reconstructs a society of unequals. It overdraws the difference in ends. Both seek a society of equal dignity; Ambedkar supplies the diagnosis Rawls’s idealisation omits, and Rawls supplies principles for the society that follows caste’s dismantling.
