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Showing contexts for: preamble of constitution in Satyam Rai vs Banaras Hindu University And 5 Others on 2 December, 2019Matching Fragments
94. Likewise if the courts adopt too narrow a view of human dignity, a concept which has made stellar contribution to the advancement of human rights will be lost.
95. Keeping these pitfalls in mind, a balance has to be maintained, between attempting too much and recoiling from the task altogether.
96. The applicability of human dignity, would be determined in this case, by evolving a workable test or construct of human dignity and self worth applicable to these cases.
97. Human dignity is not inserted in the text of the fundamental rights under the Constitution of India. Human dignity occurs in the Preamble to the Constitution of India.
98. The Preamble to the Constitution, reflects the resolve of the People of India, to secure to all its citizens "Justice social, economic and political;
Liberty of thought, expression, belief, faith and worship;
Equality of status and of opportunity;
and to promote among them all and Fraternity assuring the dignity of the individual and the unity of the Nation."
The Preamble to the Constitution is not analogous, to a preamble to any legislative enactment.
99. The unique place of the Preamble, in the Constitution came to be noticed very early, in Sajjan Singh v. State of Rajasthan, reported at AIR 1965 SC 845. The Hon'ble Supreme Court found that the Preamble to our Constitution is "not of the common run". Further the Preamble bore the "stamp of deep deliberation" and precision.
100. This feature shines light on the special significance, attached to the Preamble by the framers of the Constitution. The Preamble was held to be a part of the Constitution, by the Hon'ble Supreme Court in Kesavananda Bharati v. State of Kerala, reported at (1973) 4 SCC 225.
101. The words 'life, law and liberty' in Article 21 of the Constitution of India, were freed from the confines of narrow and literal interpretation by the Courts. (See Maneka Gandhi v. Union of India, (1978) 1 SCC 248)
(v) Systemic responses : Responsibilities of the State and universities
150. Exercise of judicial power is the prerogative of the courts; but upholding the Constitution is not the monopoly of the courts.
151. To realize the fundamental rights guaranteed under the Constitution and to achieve the goals contemplated under the Preamble, all stakeholders have to play their part and all organs of governance have to perform their obligations. Constitutional ideals will become meaningful only if constitutional values animate the functioning of all institutions of governance. Universities have a special role to play.