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Personal Laws

Judicial Approach on Scientific Aid of Police Investigation


The word judicial approach means an approach to exercise the judicial rules and reviews. It is also known as judicial decision and judicial activism. The term approach is more particularly applied in connection with another term “attitude” which means “a settled way of thinking or feeling or something,typically that is reflected in a person’s behaviour. This researcher has studied and analyzed almost all the leading judgment of Indian Judiciary as well as some of the leading and relevant judgments of foreign courts, in order to draw his conclusions with respect “Judicial Approach” on the relevancy and admissibility of scientific aid, in the form of evidence collected by the use of science, scientific methods and techniques and the legal provisions prescribing the scientific procedure. The brief description of a few common problems with forensic evidence demonstrates that the shortcomings of forensic science are not so complex that prosecutors cannot understand them, defense attorneys cannot challenge them, and judges cannot bar evidence because of them. Yet over and over again forensic expert witnesses are permitted to give invalid testimony. Forensics is the scientific discipline concerned with proving criminal offenses, it proves in a way that an investigator collects, documents and analyzes all facts related to the crime. Sometimes forensic testimony fails to include information on the limitations of the methods used in the analysis, such as the method’s error rates and situations in which the method has, and has not, been shown to be valid. In some cases, forensic analysts have fabricated results, hidden exculpatory evidence, or reported results when testing had not been conducted.

The Indian Legal System is in reality based on the British Laws as all the major procedural laws in force for the time being in India owe their origin at the time of British Raj viz Indian Evidence Act, 1872, Code of Criminal Procedure, 1973, Code of Civil Procedure, 1908, Etc. Moreover, like Britain and United States of America, Indian Courts also follow the adversarial system of justice delivery, and it’s also a well known fact that the higher judiciary in Indian keep a vigil on the new development in the fields of law taking place across the globe and also about the role of science in the matters of investigations and evidence, particularly, in the criminal jurisdiction.

Admissibility of Scientific Evidence in India

In India, it is the rule under the evidence act that best evidence should be presented in all cases. The Apex court made it clear that for any sort of evidence including the scientific evidence, to make them admissible they must be proved beyond any reasonable doubt.

In the case of Kamaljit Singh v. State of Punjab1 It was held by the Supreme Court that the minor variation between medical evidence and ocular evidence does not take away the primacy of the latter. Unless medical evidence in its term goes so far as to completely rule out all possibilities whatsoever of injuries taking place in the manner stated by the eye-witness, the testimony of the eye-witness cannot be thrown out.

It is trite that where the eye-witnessess account is found credible and trustworthy, medical opinion pointing to alternative possibilities is not accepted as conclusive – State of Madhya Pradesh v. Dharkole1.

In the important judgment in Ramesh Chandra Agarwal v. Regency Hospitals1, the court explained the condition when expert opinion is required before the court. Cases where the science involved is highly specialized and perhaps even esoteric, the central rule of experts cannot be disputed.

Judicial Attitude on Forensic Science in Trials

The essential principle governing expert evidence is that the expert is not only to provide reasons to support his opinion but the result should be directly demonstrable. The court is not to surrender its own judgment to that of the expert or delegate its authority to a third party,but should assess his evidence like any other evidence. If the report of an expert is slipshod, inadequate or cryptic and the information of similarities or dissimilarities is not available in his report and his evidence in the case, then his opinion is of no use. It is required of an expert, whether a government expert or private,if he expected his opinion to be accepted to put before the court the material which induces him to come to his conclusion so that the court, though not an expert,may form its own judgment on that material.

In the case of Chunni Lal v. State of Haryana1 , it was held that the opinion is required to be presented in the convenient manner and the reasons for a conclusion based on certain visible evidence, properly placed before the court.

When an expert is summoned it is not incumbent that he himself should appear. Any officer who is working with him, conversant with the facts of the case and can satisfactorily depose in court can be deputed on his behalf. In the instant case the appellate judge wrongly refused to act upon reports and evidence of the chemical examiner on the ground that he did not himself conduct the analysis Mangaldas Raghavji Ruparel v. State of Maharashtra, AIR 19661 ,Relied on.

In Ramkaran Singh v. Emperor, it was held that no doubt the excise inspector was an expert in his own department and was able to distinguish liquors but the court should under section 51 ascertain the grounds on which his opinion was based so as to test it. In Mst. Titli v. Alfred Robert Jones1, it was held that the opinion of an expert by itself may be relevant but would carry little weight with a court unless it was supported by a clear statement of what he noticed and on what he based his opinion.

In Santa Singh v. State of Punjab1 (1970), the learned counsel has obtained support for his argument from a single bench ruling of this court, wherein the scope of section 510 of the old code of criminal procedure which corresponds to section 293 of the new code was considered the following quotation from the headnote itself could clarify the view taken in that case:

In the context, the word “report” refers to the report proper pertaining of the examination or the matter of thing forward to him and not to any incidental intimation noted or endorsed in that report section 510 ,Cr.P.C dispenses with the necessity of producing of chemical examiner as a witness in the court to prove contempt of his report pertaining to the examination. It does not dispense with the necessity of proof of any other incidental or consequential matter, about which a note has been appended in that report.

The right of a judge to put questions to witnesses is given to him by section 165, Evidence Act. The Section Says that he may “in order to discover or to obtain proper proof of relevant facts, ask any question he pleases,in any form,at any time, of any witness,or of the parties about any fact relevant or irrelevant” the rest of the section and the provisos thereto are not material here.

Supreme Court Cases – 21st Century

As an Apex Court of the Country, the Supreme Court also helps to increase the value of scientific aid in the criminal justice system. The scientific aids by way of evidence must be exercised with great care and caution and only when its exercise is necessary for the proper administration of law and justice.

The law of evidence is designed to ensure that the court considers only that evidence which will enable it to reach a reliable conclusion. The first and foremost requirement for expert evidence to be admissible is that it is necessary to hear the expert evidence.

Opinion of Medical Experts, its evidentiary Value – medical evidence is only an evidence of opinion and is hardly decisive. It is not substantive evidence- Mani Ram v. State of Uttar Pradesh1. But the opinion of the doctor who held the post-mortem examination and of the forensic science laboratory is reliable. Contrary to the opinion given by another expert who gave a cryptic report and based it on conjectures,it should not be relied upon – Nilabati Behera v. State of Orissa2.

The medical opinion being an opinion, is advisory in nature and not binding upon the court. The court has to form its own opinion considering the material data, and the opinion on the technical aspect rendered by the medical expert- Madan Gopal v. Naval Dubey.

The rarest of rare cases comes when a convict would be a menace and threat to the harmonious and peaceful coexistence of the society. The application of the rarest of rare cases. Principles are dependent upon and differ from case to case.

In the case of Bachan Singh v. State of Punjab1, before a constitutional bench of this court validity of the provision for death penalty was challenged on the ground that the same was violation of article 19 and 21 of the constitution and while repelling the contention, the court laid down the scope of the exercise of power to award death sentence and the meaning of the expression “rarest of rare cases” so as to justify extreme penalty of death.


The aim of Criminal Law should always be to reduce the level of criminality in the society by ensuring maximum detection of reported crimes; prevent and control the crime; maintain public order and peace; punish and rehabilitate those adjudged guilty of committing crimes and generally protect the life and property against crime and criminality.

Our Criminal Justice System should give particular attention to improve the investigation, prosecution and punishment of state officials who commit crimes and human rights violations. Consequently, criminals and their style of committing crimes has undergone significant changes, thus scientific orientation of the criminal justice system through the assimilation of forensic science techniques has become inevitable.

The ultimate aim of criminal law is protection of the right to personal liberty against invasions by others, protection of weak against strong, law abiding against law-less, peaceful against violence.

Crime control and criminal justice management are the products of a fair, efficient and effective Criminal Justice System as above defined. Insofar as Criminal Justice System is itself the product of multiple sub-systems such as the Police, the Prosecution, the Judiciary, the prisons and a number of co-existing social control mechanisms outside the formal state system, it is important that each of these sub-systems also accomplishes a desirable degree of efficiency and effectiveness in supporting the mission of freedom from crime.

Personal Laws

Laws pertaining to Live-in-Relationship in Indian Society

Our Indian society is full of different cultures and as modernization is taking place,the various shades of Indian society is also changing. This is true that our Indian society is not able to accept these changes,but the law is protecting it for the complete modernisation. It would be wrong to say that western culture has merged with our culture and has become a part of our life. Foreign culture is being adopted in large numbers in our country and it has also been included in our fundamental rights. One such culture is Live-in-Relationship.

The culture of Live-in-Relationship changed the way of thinking of people on one side and on the other side it broke the heart of all those people who spoke great about Indian culture. The concept of Live-in-Relationship changes India positively as well as negatively. In A country which accepts only Marriage as a pure relationship of Man and Women, the concept of Live-in-Relationship is unexceptable1. In modern Indian society this concept is taking place very fastly by the young generation and with the help of law, this concept of Live-in-relationship is being successful in India but still we do not have any recognised legal provision about Live-in-relationship but some laws in Indian are able to deal in this way.

Meaning of Live-in-Relationship

The Live-in-Relationship is a union between a man and woman,as husband and wife without having a registered legal marriage. When two people with the consent of each other started to live together in the same house and shared all their personal life which includes mental and physical relationship. But they are not legally married, such a relationship is known as Live-in-Relationship1.

Both the people under this relationship must be major and competent as according to Indian Contract Act1. Unlike marriage, in live-in relationships couples are not married to each other but live together under the same roof that resembles a relationship like marriage. In other words, this relation is the same as a relation of marriage, the only exception is that there is no legal marriage at all. The live-in relationship is being so popular among the youth generation, the reason behind choosing it is to check the compatibility between couples before getting legally married. The most important fact about live-in-relationship is that it is not an illegal act at all, the law protects all the rights regarding the same.

Legal Status of Live-in-Relationship in World

Many countries have accepted the provision of Live-in Relationship, it is accepted by society as well as by legislation. The United States permitted the concept of live-in-relationship but that is neither joined by marriage nor a civil union. Some places, including the state of California, have laws that recognized cohabiting couples as Domestic Partners. According to Australian Family law

(Section 4AA) De facto relationships are permitted by law in which the couples have lived together or apart only on a temporary basis and that partners are not legally married. According to French newspaper LE MONDE1 , every year, over half a million people in France begin living together long-term,but neither getting legally married nor having any civil partnership. In 2004, the United Kingdom represented the live-in-relationship under the Civil Partnership Act. Ireland represented live-in-relationship by Civil partnership and Certain rights and obligations of Cohabitants Act,2020. In India certain laws are also permitted the concept of live-in Relationship.

Legal Status of Live-in-Relationship in India

Even in the absence of specific legislation. Judiciary through its wisdom has contributed to understanding the problems relating to live-in-relationship and has maintained a balanced position. The Apex Court in the recent case of Moyna khatun and others VS State of Punjab AIR 20211 held that the deed of live-in-relationship dated 4th march 2021 and certain terms and conditions have been settled in the deed of live-in-relationship by the way of mutual consent, the said deed specifically stated that both the parties have agreed that their live-in-relationship is not a “marital relationship” and further, the parties will fully cooperates with each other without any dispute.

The Punjab & Haryana High Court on 10th march 2021, registered its disapproval of the new concept of contractual live-in-relationship backed by a deed, wherein the parties stated that their live-in-relationship was not a marital relation.

The bench of Justice Arvind Singh opined that “especially stating (in the deed) that it is not a Marital Relation is nothing but the misuse of the process of law as it cannot be morally accepted in society”.

With the help of this actual case we can clearly understand that, in India the Live-in-Relationship is a topic of controversy and dispute, just because we did not have the enacted law for this topic, the courts in various cases applied the Doctrine of Justice,Equity and Good Conscience for the fair judgment1, but there are some Indian Laws with are dealing with the concept of live-in-relationship in some way.

Domestic Violence Act , 2005

It is the only act defining the relationship in nature of marriage in the definition of “Relationship in nature of marriage” under Section 2 (f) of the act. The provision has been invoked by the court to provide the relief to the woman victims in the live-in-relationship as per Section 2 (f) the act not only apply to a married couple but also to a relationship in a nature of marriage a women in domestic relationship can claim remedies in the occurrence of physical, mental, verbal and economic abuse. The women have been granted certain rights & protection under this act. If a Magistrate has convinced any of domestic violence he can pass orders prohibiting the accused from conducting activities which are detrimental to a victim. In addition Magistrate can pass restraining orders accused to provide monetary relief to the abused which include medical expenses, reimbursement for loss of earnings or profits and give maintenance to the woman.

In the case of Indra Sharma VS V.K.V Sharma AIR 20131, the court defined the criteria for live-in-relationship which includes duration of the period of the relationship, shared household, pooling of resources & financial arrangements, domestic arrangements, sexual relationship, children socialisation in public, intention and conduct of the parties.

The Supreme court after analysis set a criteria to decide whether a live-in relationship comes under a preview of protection of women from domestic violence.

Indian evidence Act , 1872 –

The Section 50 and Section 114 of Indian Evidence Act describes “presumption of marriage”- if a man and a woman are living under the same roof and cohabit for a number of years , that duration is considered as evidence for the proof of live-in-relationship.

In A.Dinohamy VS WL Blahamy AIR 1927 the Apex court laid down a general principle where a man and women are proved to have lived together as a husband and wife, the law will presume, unless the contrary be clearly proved, that they are living together in consequence of a valid marriage and not in state of concubinage .

Presumption of marriage is a law which could be used to recognise live-in-relationship, as a marital arrangement and a female living partner as s wife.

Code of Criminal Procedure , 1973

The code defines the meaning of “Wife” under Section 125 (1) Explanation (b) which includes a woman who has been divorced by or has been divorced from,her husband has not remarried .

n 2003, the Malimath Committee report on Reforms in the criminal justice system, recommended an amendment of the word “wife”in Section 125 of the CRPC to include a woman who is living with a man for a reasonable time period. But the status of women in live-in-relationship not that of a wife and also lack social approval.

On the matter of maintenance, the supreme court held that granting maintenance to a woman from her partner who was in a long term non marital relationship . This particular kind of maintenance is approved by the supreme court in certain cases. And at the same time in another case the court also denied this right to a woman, who is not a legally wedded wife, on the subsistence of his first marriage, the second wife to claim maintenance under Section 18 of Hindu Adoption and Maintenance Act,1956.

In the case of D Velusamy VS D Patchaiammal AIR 20111,it was held that a woman in a live-in-relationship is not entitled to maintenance unless she fulfills certain parameters like (1) the couple must hold themselves out to society as being akin to spouses. (2) they must be in a legal age of marriage, and voluntarily cohabited for a significant period of time.

The Constitution of India , 1950 

The Article 21 of Indian Constitution gives a wide range of various rights which are very essential for an individual, this right is a part of our common life. Article 21 guarantees that one person shall be deprived of his life and personal liberty except according to procedures established by the law1. It means that every person has a right to live his life according to his choice and no one can question him after his manner, but this is not an absolute right the constitution made a bar on it and that is the government under certain circumstances can stop this right of privacy for the welfare of society.

The concept of live-in-relationship is protected by Article 21 of our Constitution, which declares that the person who is major and competent , completely sound mind and fit can live his life according to his personal choice, this Article easily includes the concept of live-in-relationship into it.

In Radhika VS State of Madhya Pradesh1 , the supreme court observed that if a man and woman are involved in a live-in-relationship for a long period, they will be treated as a married couple and their child would be considered as a legitimate child of that couple.

In Bharata matha & Ors. VS Vijaya renganathan & Ors1 , it was held by the supreme court that a child born out of a live-in-relationship may be allowed to inherit inheritance in the property of the parents, and the mother is considered to be the first natural guardian for the purpose of custody.

Live-in-relationship is not recognized by the Hindu Marriage Act,19551, or any other law but it is not illegal in the eye of law, all the above statutes are protecting all those persons who are a party under live-in-relationship.

Live-in-Relationship and Indian Society

India is a country of various cultures and religions, In Indian Society marriages are a very essential institution for a happy life, it is whether considered as a SACRAMENT or a CONTRACT1. We often think that this new concept of live-in-relationship is not a part of our society but it is not completely true, when we learn about the Ancient Laws of India, we find a place for live-in-relationships as a Gandharva vivah (man and women mutually consent to marriage,neither involves the family of the couple nor a particular ritual to solemnize the marriage) which was practiced by various peoples at that time. So, this concept is not new for Indian society as according to Ancient laws. The marriages like a Gandharva vivah is considered as an unapproved form of marriages and also became a centre of criticism by the people but it is successfully present in Ancient India. According to MANU “premarital relationships existed both in the Vedic history and afterwards,but was a rare occurrence”

But in modern India, according to research 70% Indian support Live-in-Relationships,and in a large number of cases the courts are supporting it. India has witnessed a drastic and massive change in the way the present generation perceives their relationships.


The India is a developing country, it is still developing and the concepts like live-in-relationships and Same-sex marriages are being a part of this development. Though the common man is still hesitant in accepting this kind of relationships, but somewhere in some amount these concepts are being a part of our common life, but what is important under these kinds of relationships is the true intention and good faith of the parties then only the law will protect it.

Personal Laws

Uniform Civil Code : Necessity for a Democracy

The Constitution Makers said that independent India has to face many challenges. The biggest challenge was to provide equality and welfare for all  the citizens. According to them, some policy directions were necessary to solve these problems. But the constitution also did not want to make these policies binding on future governments. As a result some Directive Principles were included in the constitution but no provision was made to implement them though the court. This means that if the government does not enforce any direction, then we cannot go to the court and request that the court should order the government for its enforcement.

This means that it is a part of the constitution which cannot be enforced by the judiciary. The framers of the constitution believed that the moral force behind these directive principles would compel the government to take the directive principles seriously. Apart from this, they also accept that the public would put the liability of enforcing them on the later government. Therefore, a directive list of such policies has been kept in the constitution. The same list of instructions is called the Directive Principle of state Policy.

The Directive Principles of State Policy contained in Part Ⅳ of the Constitution, which defines the aims and objects to be pursued by the states in the country’s government. This unique aspect of the Constitution is derived from the Irish constitution, which was based on the Spanish Constitution.

One of such vital and paramount Directive Principles is the Uniform Civil Code. The basic meaning of the Uniform Civil Code is “one nation, one law and order”. In the order word it means the same and similar statutes should be applied to all the citizens of India.



Article 44 of the constitution explains the establishment of a Uniform Civil Code. The article requires the State to secure for the citizens a Uniform Civil Code throughout the territory of India. There is a requirement to determine “one nation, one law and order’’ within the country. This is necessary to bring uniformity in marriage, divorce, and land dispute. Uniform Civil Code will help in achieving our constitutional objective and eliminate legal complications.

Article 44 is predicated on the concept that there’s no necessary connection between religion and private law during a civilised society. Marriage, Succession and like matters are of a secular character and thus, they will be regulated by law. No religion supports conscious distortions, the judges declared.

Since 1950 a number of Governments had come and gone but they had failed to make any efforts towards implementing the constitutional direction under Article 44 of the Constitution. Goa is the only state in India which features a uniform civil code. The Goa Family Law, is that the set of civil laws, originally the portuguese civil code, continued to be implemented after its appropriation in 1961. The Uniform Civil Code is a good topic for debates and arguments but it is very serious as well. Countries like India where there are a variety of cultures, religions and faiths and also we love to work according to our basic customs and beliefs in our daily life. The Indian society is so much connected with their social and religious laws more than legislative rules and regulations.

That is why it is very hard to implement the Uniform Civil Code in the general society of India. But on the other side, because of these personal laws and rules we are not uniting and accepting each other as a normal human being. Most of the time we trace someone’s identity from their caste and community. The concept of Uniform Civil Code is a result of all those objectives which are mentioned under the preamble of our constitution. The object of Indian Constitution is to secure Justice, Liberty, Equality andFraternity among all the people in the territory of India and the Uniform Civil Code is the path by which we can secure all these objectives. In all the proceedings of the Uniform Civil Code we find that the arguments are both in favour and in against.

Those people who are in favour of Uniform Civil Code say that there is a need to move forward in the direction of Uniform Civil Code. India is a secular country. In such a situation, the law should have nothing to do with religion. There should be a common law for all citizens. There will be a change in politics also due to the implementation of Uniform law on every Indian.

Those people who are against the Uniform Civil Code say that the people of all religions live in our country. It is like a stipulation in the constitution of a bouquet. Different flowers are smelling in the bouquet. Emphasizes them like this. Let it smell too. Uniform Civil Code should not be implemented in the country. It will disturb the society from the roots.


In Sarla Mudgal v. Union of India, the Supreme Court has directed the Prime Minister to require a fresh check out Art.44 of the Constitution which enjoins the State to secure a consistent Civil Code which, according to the court, is imperative for both protection of the oppressed and promotion of national unity and integrity. The Court directed the Central Government through the Secretary to the Ministry of Law and Justice, to file an affidavit by August 1995 indicating the moves taken and efforts made, by the Government, towards securing a common civil code for the citizens of India.

On the facts of the cases, the Court held – A hindu marriage continues to exist even after one of the spouse has converted to Islam. There is no automatic dissolution of Hindu Marriage. It can only be dissolved by a decree of divorce on any of the grounds mentioned in section 13 of the Hindu Marriage Act. The  The second marriage of Hindu after his conversion to Islam is void in terms of section 494 IPC and the husband is liable to be prosecuted for bigamy.

In Pragati Varghese v. Cyril George Varghese, the complete bench of the Bombay High Court has as struck down section 10 of the Indian Divorce Act under which a Christian wife possesses to prove adultery along side cruelty or desertion while seeking a divorce on the bottom that it violates the elemental right of a Christian woman to measure with human dignity under Article 21 of the Constitution.

In John Vallamattom v. The Union of India, a three Judge Bench of the Supreme Court again expressed regret for the non enactment of the Common Civil Code. In the instant case the petitioners have challenged the validity of Section 118 of the Indian Succession Act on the grounds that it had been discriminatory under Article 14 as well as violative of Article 25 and 26 of the Constitution. The Chief Justice of India in view of the facts of the instant case forcefully reiterated the view that the Common Civil Code be enacted as it would solve such problems. He said, “Article 44 is predicated on the premise that there’s no necessary connection between religion and private law during a civilized society”. Article 25 of the Constitution confers freedom of conscience and free profession, practice and propagation of faith. The aforesaid two provisions viz.,Article 25 and 44 show that the former guarantees religious freedom whereas the latter divests religion from social relations and personal law. It is a matter of doubt that marriage,succession and thus the likes of matters of a secular character cannot be brought within the guarantee enshrined under Article 25 and 26 of the Constitution. It is a matter of regret that Article 44 of the Constitution has not been given effect to. A Common Civil Code will enhance the reason  for national integration by removing the contradictions supported by ideologies.

The object of getting a standard Civil Code as most the issues concerning it are thanks to the non-registration of marriages. The advantages of this ruling are as follows:-

It will –

  1. Prevent child marriage;
  2. Check bigamy and polygamy
  3. Help women to exercise their rights under marriage-maintenance-custody of children;
  4. Enable windows to say inheritance; and
  5. Deter husbands from deserting their wives.


Some people believe that the constitution is made up of only laws and law is one thing and values and morals are totally different, so only legal approach can be adopted towards constitution and not moral or political philosophy. This claim has been refused by the Uniform Civil Code, it is true not every law has a moral element, but there are many such laws which are deeply related to our values and ideals. For example, a law may forbid discrimination between individuals on the basis of language or religion. Such a law is linked to the idea of equality. This law has been made because we people value equality. It is clear from this example that there is a close relationship between law and moral values.

This is why it is necessary to see the constitution as a document behind which a moral vision is working. There is a need to adopt a Uniform Civil Code.

The Indian Constitution lays down what is called parliamentary government. It means that there is equality before the law and the constitution is the supreme law of the land. the reason why we have established in the constitution a concept of uniform civil code is because we do not want to install by any means whatsoever a perpetual dictatorship of any particular body of the people. While the constitution establishes political democracy, it’s also the will that it should lay down as our ideal economic democracy. We don’t want merely to get down a mechanism to enable people to return and capture power. The constitution also wishes to get down a perfect before those that would be forming the government.

We have considered the constitution as a living document. Almost like a living being, this document works according to the circumstances that arise from time to time. Like a living being, it learns from experience. In fact, it is the answer to the riddle that we mentioned earlier about the sustainability of the constitution. Even after so many changes in the society, our constitution is functioning effectively because of its mobility, openness of interpretations and the characteristics of variability according to the changing circumstances. This is the real criterion of a democratic constitution.

In a democracy, practicalities and ideas evolve from time to time and experiments continue in society accordingly. Any constitution which enables democracy and opens the way for the development of new experiments is not only durable but also deserves respect among its citizens.

The core features of the constitution make it alive. The legal provisions and institutional arrangements depend on the need of the society and the philosophy adopted by the society. This view has the consensus of all. This vision historically arose during the independent struggle. The Constituent Assembly refined this vision and gave it a legal institutional form. This is how this vision was formulated in the Constitution.

This constitution was not provided by a group of great people. It was composed and adopted by ‘We the people of India’. In this way the people themselves are the makers of their own destiny and democracy is a tool by which people shape their present and future. Today it has been more than fifty years since this proclamation of the Preamble. We have fought on many issues. We have seen that there is disagreement between the courts and governments on several interpretations. We must always remember that debate and differences are an essential part of democratic politics. At the same time, our political parties and leadership have also shown maturity in these debates. He has taken special care that the debate and argument related to political questions should not go beyond the limits. Politics does not work without agreements and exchanges. While adopting an extreme approach may be okay in principle, doing so on an ideological level is also quite attractive. But, in politics all the parties have to develop a minimum common understanding except their extreme views and attitudes. Without it, democratic politics cannot progress.

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