Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
17 (1977) 4 SCC 471 loaded legality. A judge is a social scientist in his role as
constitutional invigilator and fails functionally if he forgets this dimension in his
complex duties. In Dattatraya Govind Mahajan v. State of Maharashtra18 the spirit of
our Constitution was explained thus:
Our Constitution is a tryst with destiny, preamble with lucent solemnity in the words
Justice social, economic and political. The three great branches of Government, as
creatures of the Constitution, must remember this promise in their fundamental role
and forget it at their peril, for to do so will be a betrayal of chose high values and
goals which this nation set for itself in its objective Resolution and whose elaborate
summation appears in Part IV of the Paramount Parchment. The history of our
countrys struggle for independence was the story of a battle between the forces of
socio-economic exploitation and the masses of deprived people of varying degrees
and the Constitution sets the new sights of the nation..Once we grasp the dharma of
the Constitution, the new orientation of the karma of adjudication becomes clear.
Our founding fathers, aware of our social realities, forged our fighting faith and
integrating justice in its social, economic and political aspects. While contemplating
the meaning of the Articles of the Organic Law, the Supreme Court shall not disown
Social Justice. In National Human Rights Commission v. State of Arunachal
Pradesh19, the Supreme Court explained it again, as under:
We are a country governed by the Rule of Law. Our Constitution confers certain
rights on every human being and certain other rights on citizens. Every person is
entitled to equality before the law and equal protection of the laws. Looking the
matter from this angle, when the judiciary is assigned the role of upholding the rule
of law, the first function of 18 (1977) 2 SCC 548 19 (1996) 1 SCC 742 the judiciary is to
protect the democracy as well as the Constitution. At the same time, second role of
the Court, which is equally important, is to bridge the gap between the law and the
society. In the process of undertaking this role, a third role, which is of equal
significance also springs up. Judiciary is also to ensure that social and economic
justice is meted out to the deserving lot by affirmative action of the State. Our
attempt has been to strive the balancing of competing Constitutional norms.
The complex issues are dealt with keeping in view this role of the Supreme Court as assigned by the
Constitution; albeit within the constitutional norms.
Scope of Judicial Review:
73) The aforesaid discussion leads us to pick up and discuss another strand viz. the scope of judicial
review in such matters.
74) Judicial review means the Supremacy of law. It is the power of the court to review the actions of
the Legislature, the Executive and the Judiciary itself and to scrutinize the validity of any law or
action. It has emerged as one of the most effective instruments of protecting and preserving the
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