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India’s legal landscape has undergone significant change, says CJI

The Hindu Original article ›
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Judicial interpretation of India's Constitution enables upward mobility, building the infrastructure that supports upward mobility without leakage of funds, and world social justice, says Chief Justice of India's Supreme Court D.Y. Chandrachud. He was giving the Nani Palkhivala Memorial Lecture in Mumbai. 

Prime minister Modi could not pursue India's rapid development program to benefit all parts of society without the help of the Supreme Court in interpreting the Constitution in a way that supports India's development.

"The identity of the Indian Constitution has evolved through the interaction of Indian citizens with the Constitution and has been accompanied by judicial interpretation... If you look at the Constitution, it does not favor unbounded economic liberalism. Rather, our Constitution seeks to find the right balance. When individuals can exercize their liberties and to be fairly rewarded for their efforts, then economic justice becomes one of the many inter-related dimensions of life. Ultimately, we share common faiths and destinies to the point that development of each individual fosters social justice in the entire world."

"The basic structure doctrine of India's Constitution is that it guides and gives certain direction to its interpreters and implementers, when the path is convoluted. The craftsmanship of a judge lies in interpreting the text of the Constitution with the changing times while keeping its soul intact." This happened when Nani Palkhivala presented the idea before the Supreme Court in 1973 against prime minister Indira Gandhi's Emergency rule that parliament had limits to its powers when it came to amending the Constitution if by amending it the amendment would destroy the spirit of the Constitution or its basic idea. This includes freedom of expression, rule of law, separation of powers, freedoms guaranteed to all citizens. The amending power is limited and cannot be turned into an absolute power. Another way of looking at it is that parliament itself is organized by statutory authority. And it cannot destroy or dismantle the very basic features of the law (the Constitution) that created it in the first place.

 

 



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