SWATANTER KUMAR, H.S.BRAR, K.S.KUMARAN
Kaka – Appellant
Versus
Hassan Bano – Respondent
Swatanter Kumar, J.
1. The people of India gave unto themselves a resolution to constitute India into a sovereign, socialistic, secular, democratic, republic with a purpose and object to secure to its citizens justice in all spheres, liberty in belief and expression and equality of status and opportunity to promote fraternity assuring the dignity of the individual and the unity and integrity of the nation. This is what the preamble to the Constitution of India says in explicit words. Dignity of an individual irrespective of the status, religion, class and community to which he or she belongs is of paramount consideration to the State and its instrumentalities. An un-qualified effort on the part of the State to assure the basic need of an individual is a constitutional obligation. Secularism in a democratic system is an extended principle of assured equality. The Constitution is the apex law and is above all other of its kin. Laws, whether they are enacted by the State or the Centre, within the sphere of their legislative jurisdiction and the customary or personal laws, all must give way to the supreme law of land; the Constitution of India. All other laws must flow in comit
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