(a) “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. (b) “Mindless addiction to Form, ignoring the Substance of the matter, results in rendering of injustice. A perceptive civil servant is one who ignores such literalness and carries out true intent.” Examine the above statement with suitable illustrations.
Subtopic: Ethics Theory · contextual justice and form versus substance
How to structure your answer
Detailed model answer
206 words · target 150 words · 20 min
(a) The contextual nature of just and unjust
Justice is not frozen; what was fair in one context can become unfair as circumstances, knowledge and values change. Constantly scrutinising the changing context prevents a miscarriage of justice.
- Section 377 was long treated as valid; changed social and constitutional understanding made its criminalisation of homosexuality unjust (Navtej Johar, 2018).
- Practices once accepted — untouchability, sati, marital-rape immunity debates — are re-examined as morality evolves.
- A frozen rule applied to a transformed reality can itself become injustice.
The ethical administrator therefore reviews context rather than applying yesterday's standard mechanically.
(b) Substance over mindless form
Blind literalism — obeying the letter while ignoring the spirit — can defeat the very purpose of a rule and render injustice. A perceptive civil servant discerns and serves the true intent behind a rule.
- Rejecting a poor widow's pension over a trivial documentary error is form defeating substance; a sensitive officer finds a lawful way to grant the genuine entitlement.
- Disaster relief that clears procedure but reaches no victim betrays its purpose.
- Purposive interpretation, empathy and discretion within law realise substantive justice.
Conclusion
Both statements demand a living ethic: context-sensitive judgment of what is just, and substance-driven administration that honours intent over empty formality — the mark of a truly responsive civil servant.
What an examiner expects to see
- Justice is contextual; fairness of a rule can change as circumstances and values evolve
- Constant scrutiny of changing context prevents miscarriage of justice
- Frozen rules applied to transformed realities can themselves become unjust
- Mindless literalism defeats a rule's purpose and produces injustice
- The perceptive civil servant reads and serves the true intent behind a rule
- Purposive interpretation, empathy and lawful discretion deliver substantive justice
- Both parts call for a living, responsive rather than mechanical administration
- Balance: discretion for substance must stay within the bounds of law
Concrete cases, schemes and judgments
- Navtej Singh Johar (2018) reading down Section 377 as social morality evolved
- Purposive interpretation granting a genuine pensioner relief despite a minor documentary lapse
- Sabarimala/personal-law debates showing evolving notions of justice
- Disaster relief that satisfies procedure yet fails victims — form defeating substance