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2018 Supreme(SC) 1250

MADAN B.LOKUR, DEEPAK GUPTA
Ashwani Kumar – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant :Mr. Mathew Cherian, Mr. Nikhil Dey, Ms. Kinjal Sampat, Dr. Ashwani Kumar Petitioner-in-person (NP), Ms. Raushan Tara Jaswal, Ms. Amita Joseph, Ms. Vani Vyas, Mr. Mohit Kaushik, Mr. Mukesh Kumar Singh, Mr. Ravi Chandra Prakash, Bhanu Priya Sharma, Mr. Ashutosh Chaturvedi, Mr. Amit, Ms. Sushma Singh, Mr. Abhishek Tripathi, Mr. Sanjeeb Panigrahi, Mr. Purushottam Sharma Tripathi, Advs.
For the Respondent: Mr. A.N.S. Nadkarni, Ms. V. Mohana, Mr. V.V. Pattabhiram, Mr. S.K. Gupta, Ms. Madhavi Diwan, Mr. Raj Bahadur Yadav, Mr. Shalinder Saini, Ms. Snidha Mehra, Mr. B.V. Balaramdas, Mr. D.L. Chidanand, Mr. G.S. Makker, Ms. Suhasini Sen, Mr. M.P. Gupta, Mr. Prashant Rawat, Ms. Priya Mishra, Ms. Anil Katiyar, Advs.

JUDGMENT

Madan B. Lokur, J.

1. “Social justice” in the Preamble of our Constitution has been given pride of place and for good reason since it is perhaps the most important and significant form of justice.

2. In his address on Constitution Day on 26th November, 2018 the Hon’ble President of India emphasised that social justice remains a touchstone of our nation building. The conceptualisation of justice by our Constitution framers was as much valid in 1949 (when the Constituent Assembly debates took place) as it is today. But, with times having changed, varied situations have emerged which may not have existed in 1949 and were perhaps not foreseen at that time. The Hon’ble President spoke on the subject of justice and particularly social justice in the following words:

“In the Preamble, justice is not seen as unidimensional. It is viewed as having implications across political, economic and social spheres. Political justice implies the equal participation of all adults in the political process and the just formulation and implementation of laws. Economic justice implies the ultimate eradication of poverty, equal opportunities to earn a livelihood, and fair wages. As such the expansio





























































































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