Koduri Phani Madhavi, Damodaram Sanjivayya National Law University
ABSTRACT
In a society, there is bound to exist some friction between the diverse interests of the people living in it. Social Engineering involves balancing competing interests, defined as “prevalent claims, demands, desires, or expectations that human beings collectively seek to satisfy and that society must recognise and protect through the law.” Pound states that there are three main categories to classify the interests that the law should acknowledge and give effect to: Social interests, public interests, and individual interests. The concept of social engineering, put forward by Roscoe pound, postulates balancing these interests with the minimum amount of friction and the maximum satisfaction.
With the diversity prevalent in India, conflict of interests of the various sections of the society is inevitable. Additionally, given the history of colonization, the makers of Indian Constitution had issues of prominence that needed to be addressed. The people of the newly independent India need to be transformed from the status of subjects to that of citizens. On the other hand, these very people need to be reconciled with new reforms in the society like equal status conferred to all the sections of the society and the like.
Though the challenges were numerous, the makers addressed these conflicts with a delicate and perfectly structured balance, using the means of social engineering. The paper briefly addresses Roscoe Pound’s theory of ‘Social Engineering’ and how the Indian Constitution applies the same as a tool for securing social justice. The paper explores the balance thus created between: Reservation and Equality, Freedom of Speech & Expression and reasonable restrictions, and Custom and Gender equality.
Keywords: Indian Constitution, Social Engineering, Balance of Interests, Equality, Roscoe Pound, Social Interest.
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