Justice and Democracy in Amartya Sen

Another procedural approach?

Abstract

The present paper aims at delivering a critical view of the links between justice and democracy as set by Amartya Sen’s paramount work on these themes, “The Idea of Justice”, by considering the constitutional and political experience of India. A central role will thus be given to the importance of public discussion and reasoning as the basis of democratic thought throughout the world, as Sen postulates. Nevertheless, an analysis of the Indian constitutional process shows how the mere reliance on reason and justice is not sufficient for a successful democratic tradition: the role of liberal values and of the underlying institutional developments is indeed capital for a wider understanding of the democratization process of India. The intertwining of these two aspects, the former socio-philosophical, the latter institutional, will help in reviewing the Indian experience as a demonstration of the maintenance of traditions within a clear framework, and in further expanding the notion to other contexts.