Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
law that strikes a balance between society's need for political independence, social
equality, economic development, and internal order, on the one hand, and the needs
of the individual, his personal liberty, and his human dignity on the other. The Judge
must protect this rich concept of the rule of law. The 'rule of law', which is a fine
sonorous phrase, is dynamic and ever expanding and can be put alongside the
brotherhood of man, human rights and human dignity. About the modern rule of law,
Professor Garner observed:
The concept in its modern dress meets a need that has been felt throughout the
history of civilization, law is not sufficient in itself and it must serve some purpose.
Man is a social animal, but to live in society he has had to fashion for himself and in
his own interest the law and other instruments of government, and as a consequence
those must to some extent limit his personal liberties. The problem is how to control
those instruments of government in accordance with the Rule of Law and in the
interest of the governed. Likewise, the basic spirit of our Constitution is to provide
each and every person of the nation equal opportunity to grow as a human being,
irrespective of race, caste, religion, community and social status. Granville Austin
while analyzing the functioning of Indian Constitution in first 50 years has described
three distinguished strands of Indian Constitution: (i) protecting national unity and
integrity, (ii) establishing the institution and spirit of democracy; and (iii) fostering
social reforms. The strands are mutually dependent and inextricably intertwined in
what he elegantly describes as a 'seamless web'. And there cannot be social reforms
till it is ensured that each and every citizen of this country is able to exploit his/her
potentials to the maximum. The Constitution, although drafted by the Constituent
Assembly, was meant for the people of India and that is why it is given by the people
to themselves as expressed in the opening words We the People.... What is the most
important gift to the common person given by this Constitution is fundamental rights
which may be called human rights as well.
Speaking for the vision of our founding fathers, in State of Karnataka & Anr. v. Shri
Ranganatha Reddy & Anr. 17, this Court speaking through Justice Krishna Iyer
observed:
The social philosophy of the Constitution shapes creative judicial vision and
orientation. Our nation has, as its dynamic doctrine, economic democracy sans which
political democracy is chimerical. We say so because our Constitution, in Parts III
and IV and elsewhere, ensouls such a value system, and the debate in this case puts
precisely this soul in peril.Our thesis is that the dialectics of social justice should not
be missed if the synthesis of Parts III and Part IV is to influence State action and
court pronouncements. Constitutional problems cannot be studied in a
socio-economic vacuum, since socio-cultural changes are the source of the new
values, and sloughing off old legal thought is part of the process the new equity-
Indian Kanoon - http://indiankanoon.org/doc/127517806/
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