CJI’s address in New Delhi
Dhananjaya Y Chandrachud, Chief Justice of India (CJI) on Thursday underlined the enduring significance of the Indian Constitution, highlighting the quality of its longevity to its flexibility and sensitivity to the emerging needs of its people.
While delivering the MK Nambyar Memorial Lecture in New Delhi, the CJI emphasized that the Constitution’s ongoing significance is the result of a consistent dialogue between generations of citizens, each elucidates and applies constitutional principles to tackle contemporary challenges.
CJI said that the story of the Constitution has been a continuous dialogue among generations of citizens. This dialogue showcases a dynamic process where each era elucidates and applies principles of constitution to contemporary challenges and aspirations. It emphasizes how the Constitution emerges through the judicial interpretations, changes among societies and legislative amendments, altering to fresh contexts while preserving fundamental rights and values. This constant dialogue ensures that the Constitution remains pertinent and responsive, highlighting the collective vision and aspirations of the people across different epochs.
He went on speaking about the role of constitutional visionaries such as MK Nambyar, who was seen to be a pioneering constitutional lawyer related to landmark cases, leaving an indication on the clarification of fundamental rights and the limits of parliamentary power.
The CJI applauded Nambyar’s contributions to India’s constitutional jurisprudence in cases such as IC Golaknath and Kesavananda Bharati.
Picture credit: Hindustan Times
The Golaknath judgement in 1967 emphasized that Parliament cannot abridge the fundamental rights of citizens and all amendments can be an object for judicial review. This case showcased the basis for the “ basic structure doctrine” articulated in the Kesavananda Bharati Case in 1973.
The ruling of 1973 set down that Parliament can amend any part of the Constitution but cannot fiddle with its basic structure- a look at the executive and the legislative powers of the government.
CJI underlined Nambyar’s arguments.
In an attendance with senior advocates KK Venugopal ( Nambyar’s son and a former attorney general) and CS Vaidyanathan, the CJI underlined that Nambyar’s debates didn’t fell under the strict adherence to the farmer’s original intent, it was just beyond that, instead advocated for a more dynamic interpretation. The CJI said that the constitution is very constant in its relevance as it is very sensitive to the fluctuating needs of the constituents. The CJI explained how Nambyar’s approach indicated departure from originalism and helped shape India’s legal landscape.
Justice Chandrachud stressed that the dialogue has been keeping the Constitution alive and responsive to the objectives of a diverse nation. He forewarned against comprehending the Constitution with a rigid attention on the framer’s original intent. He said that a conventional reading of the framer’s intent contradicts their foresight. He added that the framers were not in an intent to lock the provisions of the Constitution in place for eternity. He said that rather than envisioning the document as a framework that could evolve over time, assembling greater insight and flexibility to meet the transformative needs of society.
Picture credit: Daily Excelsior
The CJI highlighted the indispensable role of lawyers in this constant constitutional dialogue. While judges comprehend the Constitution, lawyers create the interpretative frameworks that support these decisions. The CJI asked the young lawyers to follow Nambyar’s example and utilise every other opportunity before the court to enhance the Constitution, guarantee its constant significance for the future generations. He hoped that the future lawyers will learn from his experience and see every opportunity before the court as a foundation to enhance the Constitution.
In conclusion of his address, CJI Chandrachus stated that constitutional interpretation must emerge with the times while preserving the core values that will host India’s democratic framework. A relevant democratic order must look for each of them, give way to more assertion, creativity to interpretations, and engagement with our constitutional culture. He emphasized visionaries such as Nambyar showed that constitutional explanations goes beyond text and original intent, blooming in the original realities of the citizens.
