Judiciary Has Emphasized Human Dignity As Constitution's Soul : CJI BR Gavai

The Chief Justice of India, BR Gavai,today stressed that human dignity cannot be seen as a fixed idea but is a fluid principle that connects the constitutional values of liberty, equality and justice. He opined that dignity is a 'normative lens' through which Courts have a better understanding of fundamental rights. Speaking at the 11th Dr LM Singhvi Memorial Lecture, the CJI emphasised that the Supreme Court has constantly treated dignity not as a mere moral idea but a core binding constitutional value through various judgments. He stressed that the long string of landmark judgments on dignity and human rights reflects Apex Court's approach to view dignity not just as a substantive right but also a normative tool through which all fundamental rights can be better understood. " The judiciary has emphasised human dignity as the soul of the constitution. It is human dignity, the pervasive principle that underlines free spirit and philosophy of the constitution, shaping the core values articulated in the preamble- Liberty, Equality, Fraternity and Justice. Across a wide array of judgements in the 20th and 21st century, the Supreme Court has consistenytly recognised that human dignity is both a substantive right and a normative lens through which all fundamental rights must be understood." Importantly, the CJI stressed that dignity has been employed not only to safeguard a dignified existence for individual citizens but also as a constitutional tool, one that enables the judiciary to expand, interpret and harmonise rights. “This ensures that the protection afforded by the Constitution is meaningful and comprehensive,”the CJI opined. Positioning the concept of dignity as the connective tissue of constitutional philosophy, the CJI underlined that dignity is a fluid idea flowing across the notions of liberty, equality and justice as in all these values, dignity adds the core condition of quality life and self-respect. He explained : "In practise this means that dignity serves as a guiding principle that connects rights, allowing the judiciary to develop a coherent and holistic framework for constitutional adjudication. Whether in the context of prisoners, workers, women or PwDs- it transforms the understanding of autonomy, equality and justice, ensuring that the law protects not only the physical survival but also the broader conditions necessary for the life of self-respect, freedom and opportunity" The CJI ended his address by citing a quote from the landmark KS Puttaswamy Case, he quoted the essence of dignity to mean, "To live is to live with dignity. Dignity is the core which unites the fundamental rights because the fundamental rights seek for each individual the dignity of existence." Lok Sabha Speaker Om Birla, Sr Advocate Dr. AM Singhvi were also present at the event. The event can be viewed here. The full text of the lecture can be read here.

Judiciary Has Emphasized Human Dignity As Constitution's Soul : CJI BR Gavai

Anmol Kaur Bawa

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Judiciary Has Emphasized Human Dignity As Constitution's Soul : CJI BR Gavai

Anmol Kaur Bawa

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers