Judiciary recognised human dignity as substantive right, soul of Constitution: CJI Gavai

New Delhi, Sep 3 (PTI) Chief Justice of India B R Gavai on Wednesday said judiciary has always emphasised human dignity as the soul of the Constitution and consistently recognised it as a substantive right.

Speaking at the eleventh Dr. LM Singhvi Memorial Lecture here, the CJI said it is human dignity which is a pervasive principle that underlines the very spirit and philosophy of the Constitution and shapes the core values articulated in the Preamble – liberty, equality, fraternity and justice.

CJI Gavai was speaking on the topic 'Human dignity as the soul of the Constitution: Judicial reflections in the 21st Century'.

Addressing a gathering of apex court and high court judges, lawyers, academicians and lawmakers in the presence of Lok Sabha Speaker Om Birla, the CJI remarked, "I would say that the judiciary has emphasised human dignity as the soul of the Constitution. It has held human dignity to be a pervasive principle that underlies the very spirit and philosophy of the Constitution, shaping the core values articulated in the Preamble: liberty, equality, fraternity, and justice.

"Across a wide array of judgments in the 20th and the 21st century, the Supreme Court has consistently recognised that human dignity is both a substantive right and a normative lens through which all fundamental rights must be understood." He added that in practice, 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.

"It has been employed not only to safeguard a dignified existence for individual citizens but also as a constitutional tool to expand, interpret and harmonise rights, ensuring that the protection afforded by the Constitution is meaningful and comprehensive," he said, while lauding the contribution of Dr. LM Singhvi.

Referring to various apex court verdicts, the Chief Justice underscored that in the context of prisoners, workers, women, or persons with disabilities, human dignity informs the understanding of autonomy, equality, and justice, ensuring that the law protects not only physical survival but also the broader conditions necessary for a life of self-respect, freedom and opportunity.

"By anchoring constitutional interpretation in dignity, the Supreme Court has ensured that the Constitution remains a living instrument, capable of responding to evolving societal challenges while remaining faithful to its foundational values," he said.

Thanking co-host OP Jindal University and senior advocate Abhishek Singhvi, who is the son of late Dr. LM Singhvi for giving him the opportunity to give the memorial lecture, CJI Gavai said overall, the Supreme Court has been consistent in evolving the human dignity jurisprudence.

He emphasised, "The dignity of persons with disabilities has also been increasingly recognised by the courts as an essential facet of constitutional protection. Judicial pronouncements have emphasised that persons with disabilities are entitled to live with self-respect, dignity, autonomy and equality, and that society and the State have a duty to remove barriers, physical, social, and institutional, that hinder their full participation in public and private life." He added that the judiciary has recognised that structural inequalities, historical injustices and systemic discrimination can undermine the dignity of entire social groups, and that protecting their dignity requires affirmative measures, safeguards and equality-oriented interventions.

"Through its jurisprudence, the court has consistently emphasised that dignity encompasses social recognition, respect and the opportunity for marginalised communities to participate fully and equally in society, extending beyond mere legal protection to address entrenched social hierarchies and exclusion," the Chief Justice said.

Referring to the various apex court verdicts, he said that the judiciary has repeatedly affirmed that protection of autonomy is a core mechanism through which the Constitution safeguards human dignity, reinforcing the interdependence of these two fundamental principles.

CJI Gavai said that it is all due to the Indian Constitution and Dr BR Ambedkar's vision that he could hold this august office (of CJI) and get an opportunity to serve the nation.

He said though he does not have a doctorate or PhD degree, he has been offered D.Litt. degree by various institutions and he has refused them, saying he would not accept anything till November 24 (the day of his superannuation from the CJI office).

CJI Gavai further said another important aspect of the discourse on human dignity is that it is intrinsically connected to an individual's autonomy and capacity to make decisions about their own life.

"It encompasses the freedom to exercise choice, personal agency and self-determination. The courts have consistently recognised that human dignity and personal autonomy are mutually reinforcing. A person cannot truly live with dignity if they are denied the ability to make choices regarding their body, actions, or life circumstances," he said.

CJI Gavai said the judicial recognition of the principle of human dignity in India began to crystallise in the late 1970s, largely in response to the widespread reports of inhuman treatment of prisoners in jails across the country. PTI MNL MNL KSS KSS