OUR CONSTITUTIONAL tradition doesn’t preserve itself and it’s for residents to rework the Constitution, Supreme Court decide DY Chandrachud mentioned on Sunday.
“Our constitutional tradition doesn’t preserve itself. It is for every considered one of us residents to take part within the sluggish however important job on a regular basis of remodeling our Constitution from a constitution of beliefs to a mirrored image of actuality,” he mentioned in his handle on the eleventh Convocation Ceremony of the OP Jindal Global University in Delhi.
“When Benjamin Franklin was leaving the Constitutional Convention in 1787, a girl accosted him and requested him about the kind of authorities the Constitutional Convention had deliberated upon. He replied: ‘A republic, for those who can maintain it.’ His reply is prescient for all of us in India as we speak,” he mentioned.
Justice Chandrachud, who’s in line to take over the workplace of the Chief Justice of India in November this yr, mentioned it isn’t simply the duty of presidency and the judiciary to advertise social democracy and social justice.
“The judiciary has a higher position to play in selling social democracy. However, the hunt for a constitutional tradition shouldn’t be restricted to the courtroom or black letter of the legislation,” he mentioned.
Invoking Dr BR Ambedkar, the decide described social democracy as a lifestyle that acknowledges social liberty, equality and fraternity because the ideas of life.
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“Independence Day should not become another ritualistic celebration of our freedom struggle, rather it should become a site for critical introspection of our progress in fulfilling the values in the Constitution which our Constitution makers – both women and men – aspire to achieve,” he mentioned.
Justice Chandrachud additionally referred to his personal current judgment in July permitting single lady the fitting to terminate her being pregnant past the 20-week timeline in legislation on the grounds that her relationship standing modified. “But what actually bothers me is that this. In this case, the petitioner had entry to efficient authorized illustration to scale the authorized and social obstacles. But take into consideration many such girls throughout India who discover themselves in related conditions in entry to aid-social or authorized. This highlights that though girls might have entry to materials decisions, the train of such decisions relies upon materials preconditions,” he mentioned.
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With inputs from TheIndianEXPRESS
