One of the core values and objectives enshrined in the Preamble of the Indian Constitution is Justice — social, economic, and political — alongside Liberty, Equality, and Fraternity. The fundamental rights guaranteed by the Indian Constitution collectively contribute to ensuring justice. Article 32: Right to Constitutional Remedies, which Dr Ambedkar famously called the "heart and soul of the Constitution," empowers individuals to directly approach the Supreme Court for the enforcement of their fundamental rights — making it a direct instrument for the delivery of justice.

In a democracy, the judiciary is primarily responsible for ensuring that justice is served for every citizen. However, the government (executive) also plays a crucial role in creating an environment where citizens can access justice. The government's policies and actions must be impartial and unbiased.

Since the BJP came to power in 2014 under the leadership of Narendra Modi, many government policies and actions at the Centre have appeared partisan, favouring the majority community and those who offer uncritical support to the government. The government appears to be biased against certain communities and vindictive towards organisations and individuals who criticise its functioning. At times, even senior government officials have been denied justice.

It was widely known in India and internationally that Foreign Secretary Vikram Misri and his daughter were viciously trolled by right-wing groups after he announced a ceasefire between India and Pakistan during India's response to the Pahalgam terrorist attack - Operation Sindoor. It is well known that the decision regarding the ceasefire was taken at higher levels of government; Misri was only the messenger.

Despite this, right-wing trolls published personal details of Misri and his daughter online, accusing him of treason. Misri had to lock his X (formerly Twitter) account on May 11 following this vicious trolling. Shockingly, no one from the government or ruling party defended him. The government failed to stand by its own senior officer, seemingly fearing the backlash from the right-wing groups responsible for the attack.

On June 15, The Telegraph reported that, in response to an RTI query, the central government claimed it had no information on the trolling of Foreign Secretary Misri and his daughter following the ceasefire. Vikram Nayak, director of the Commonwealth Human Rights Initiative, had filed an RTI with the External Affairs Ministry and the Ministry of Electronics and Information Technology, seeking details of accounts that had targeted Misri. Both ministries replied that they had no information.

In his appeal to the External Affairs Ministry to reconsider, Nayak wrote:
"Other public authorities under this government have acted swiftly in the past, invoking provisions of the Information Technology Act 2000 and related rules to have the Indian Computer Emergency Response Team (CERT-IN) take down offensive content from social media. It is unbelievable that this ministry has not acted similarly in the trolling of the Foreign Secretary. The Public Information Officer's evasive reply amounts to an admission that the government did nothing to act against the social media accounts responsible for these offensive attacks."

Nayak received the same response to his appeal: "This information is not available with this office."

This incident is only one example of how justice is denied to many citizens due to the partisan approach of BJP governments at both central and state levels. The BJP government refrained from defending Vikram Misri, unwilling to upset its core constituency.

Several laws enacted since 2014 reflect a bias against minorities: the Citizenship Amendment Act (CAA), anti-conversion laws passed or amended by BJP-ruled states, the so-called Love Jihad laws, and the Waqf Amendment Act (whose constitutional validity is under challenge in the Supreme Court) are prominent examples.

The misuse of draconian laws like the Unlawful Activities (Prevention) Act (UAPA), National Security Act (NSA), Jammu and Kashmir Public Safety Act, and the sedition law (Section 124A of the IPC) to arrest and detain citizens for long periods without trial is another form of injustice.

According to a People's Union for Civil Liberties (PUCL) report (October 2022), between 2015 and 2020, a total of 8,371 people were arrested in 5,924 UAPA cases. However, only 235 were convicted during this period. This disparity highlights how these laws are frequently employed to silence critics and opponents of the ruling party.

Injustice also occurs when the government disregards the rule of law. Sometimes, the government itself acts outside legal procedures. For example, the practice of "bulldozer justice" — demolishing homes and properties of accused persons without following due process — is a gross violation of fundamental rights.

On November 13, 2024, the Supreme Court ruled that being accused or convicted of a crime does not justify demolition without following due process of law. The Court declared "bulldozer justice" unconstitutional, emphasising that public officials who act arbitrarily must be held accountable, and restitution must be provided when rights are violated. The Court issued strict directives for the government to follow.

Another form of injustice occurs when non-state actors take the law into their own hands while police fail to act impartially. Since 2014, right-wing Hindutva groups have increasingly acted with impunity. In BJP-ruled states, they storm prayer halls, accuse pastors of religious conversions, assault religious minorities, and often receive tacit or open support from the police, who sometimes even file cases against the victims.

For example, on February 16, 2025, in Indore, a nun and her colleagues conducting a health camp for children of domestic workers were attacked by a right-wing Hindutva mob, accusing them of conversions. Despite no evidence and resistance from the community to the mob's intimidation, the police, under pressure from the Hindutva activists, registered cases against the nun and her colleagues. Such incidents are becoming frequent in BJP-ruled states.

Ordinary people often fail to get justice due to systemic flaws in India's justice delivery system. The judiciary is burdened with an enormous backlog of cases. According to Wikipedia, in 2025, the total number of pending cases at all levels exceeded 52 million. Government bodies themselves are responsible for nearly half of these cases. A 2018 NITI Aayog report estimated that at then-current disposal rates, it would take over 324 years to clear the backlog. One major reason for the backlog is a severe shortage of judges — 21 to 22 judges per million population compared to the recommended 50.

Closely linked to case pendency is the issue of undertrial prisoners. Undertrials constitute approximately 76% of India's prison population — around 4.34 lakh out of 5.73 lakh inmates, as per NCRB 2022 data. The majority are poor, illiterate, and from marginalised groups, including SC/ST/OBC and religious minorities. The Law Commission has noted that over 60% of arrests are unnecessary, with marginalised groups disproportionately targeted. Due to poverty and lack of legal aid, many undertrials languish in prison for years.

The citizens of India are entitled to social and economic justice as stated in the Preamble of the Constitution. Non-discrimination, freedom from exploitation, and protection from violence are central to social justice. Though the BJP has managed to attract increasing electoral support from Scheduled Castes and Tribes, crimes against these communities continue to rise.

According to a 2023 report by the Global Forum of Communities Discriminated on Work and Descent (GFOD), crimes against Dalits increased by 177.6%, and crimes against tribal communities rose by 111.2% between 1991 and 2021. Dalits and Adivasis together account for nearly 32% of India's prison population.

Increasing economic inequalities also lead to the denial of justice for many, especially the poor. Inequality in India has surged dramatically since the early 2000s, with the income and wealth shares of the top one per cent of the population reaching 22.6 per cent and 40.1 per cent, respectively, in 2022-23. This fact is highlighted in a paper titled "Income and Wealth Inequality in India, 1922-2023: The Rise of the Billionaire Raj", published by the World Inequality Lab in 2023.

Oxfam's 2025 report, Survival of the Richest: The India Story, also spotlights the growing economic inequality in India. According to the report, the richest one per cent of the population controls over 40 per cent of the country's total wealth, while the poorest 50 per cent collectively own just 3 per cent.

The overall situation indicates that justice is denied to large segments of Indian society, particularly those at the bottom of the socio-economic and political hierarchy. This is not unique to India; similar patterns exist wherever right-wing political forces hold power. The solution lies in raising public awareness of the political changes underway and organising collective struggles to defend rights.

On June 15, 2025, The Wire published a summary of an open letter signed by 31 Nobel Laureates and 400 academics worldwide, calling on people to resist the resurgence of fascism. The letter concluded with a call to action:
1.    Defend democratic, cultural, and educational institutions. Call out violations of democratic principles and human rights. Refuse pre-emptive compliance.
2.    Join collective actions locally and internationally. Make resistance impossible to ignore and costly to suppress.
3.    Uphold facts and evidence. Foster critical thinking and engage with communities on this basis.