Team Blitz India
CHIEF Justice of India DY Chandrachud has emphasised that the Election Commission and the Supreme Court must rise to the occasion in situations of “ambiguity and uncertainty”. This, said the CJI, will help people gain confidence in the Constitution, according to a report published in news magazine India Today.
Speaking at the South Asian Constitutional Courts conference in Dhaka, the Chief Justice said, “The Constitution is not like the Income Tax Act. The legitimacy of the institutions of governance hinges on their functionality, which only manifests when bodies like the Supreme Court and Election Commission step up in times of uncertainty and ambiguity.”
Inclusivity and diversity
“The confidence of the people in the Constitution, in fact, solidifies only when institutions of governance, whether it be Parliament, the central investigative agency, the Election Commission, or the Supreme Court, rise to the occasion,” CJI Chandrachud said, according to the published report. “Comparative constitutional processes are crucial as they subject our laws to rigorous examination against those of our neighbouring countries.
Recognising public spaces as sites of discrimination is significant within our cultural context. Our Constitution retains elements of institutions predating democracy. Therefore, our courts must exhibit our commitment to inclusivity and diversity,” said the CJI, while also noting that dialogues between courts of such nations serve as evidence of the judicial camaraderie they share.
CJI Chandrachud further underscored the pivotal roles democracy and the rule of law have played in the growth of both nations. In his address, CJI Chandrachud also said the court systems both in India and Bangladesh must make greater use of technology to “reach out to citizens” and bridge the gap by “breaking the internet divide.”
Reach out to citizens
“When the Indian Constitution was drafted, concerns were raised about its survival. Mere adoption of the Constitution does not eradicate inequality. Our Constitution acknowledges our people as rights-bearing citizens. It established courts with the authority to issue writs to address legitimate grievances,” CJI Chandrachud said.
“We, as judges and courts, must ensure that we learn to communicate with our citizens and reach out to them; we cannot expect our citizens to reach out to us. This reflects the evolving nature of our society,” he said.
Among other things, the CJI also said, both India and Bangladesh share the tradition of constitutional and judicial systems largely aiming to ensure stability and both nations recognised their constitutions as “living documents.”
