Abstract
This article critically examines the Indian Supreme Court’s use of the concept of dignity in constitutional adjudication. Though the Indian Constitution references dignity only thrice, its substantive development has occurred mainly through case law. Using recent literature on dignity as well as case law between 1978 and 2023 this article categorises three main uses of dignity: (i) the constitutional status of dignity; (ii) the expansion of dignity; (iii) homage to dignity. The paper argues that while dignity is necessarily multifaceted, its application should be consistent across similar fact patterns to ensure consistency. To support this, the author analyzes nine Supreme Court cases involving power imbalances (e.g., caste, labor exploitation), showing how the same term is used with vastly different implications despite factual similarities. Proposing an “issue-based” approach, the article urges judges to explicitly articulate the conception of dignity they rely on and apply it consistently across analogous cases. Such transparency would enhance the doctrinal precision of dignity jurisprudence without sacrificing its flexibility. The article concludes by calling for greater judicial rigor in the interpretation of dignity—not to restrict its use, but to ensure its meaningful and equitable application.
Recommended Citation
Gupta, Aishani
(2025)
"Finding Method to Madness: The Indian Supreme Court's Dignity Jurisprudence,"
National Law School of India Review: Vol. 36:
Iss.
1, Article 4.
DOI: 10.55496/OWQB7709
Available at:
https://repository.nls.ac.in/nlsir/vol36/iss1/4
Digital Object Identifier (DOI)
10.55496/OWQB7709
