Beyond Transcendental Institutional Justice

Abstract

This article is on demand of ‘Justice’ for going beyond ‘transcendental institutional justice’ and moving towards ‘focus realization based justice’ as advocated by Professor Amartya Sen in his book ‘The Idea of Justice.’ This is so, as ultimately ‘justice’ is connected with the way people’s lives go, and not merely with maturity of the institutions, surrounding the people or procedures laid down for running of socio-political-legal administrative institutions. Justice cannot be divorced from the actual world that emerges. Mechanically pursuing ‘transcendental institutionalism’ or adhering to the norms of institutional rules may not always end in the position of being fair. To buttress the aforesaid argument, the author is using the decision of the Hon’ble Orissa High Court in the case of Dr. B.K. Mahakul v. Sambalpur University ( 2008 (II) OLR 246) and the collateral facts of the case as an instrument to put forth his juristic argument.