constitutional-mechanism-works-only-when-parliament-ec-sc-step-up-chandrachud

Chief Justice of India D Y Chandrachud emphasised on Saturday that public confidence in the Constitution is bolstered when key institutions like Parliament, the Supreme Court, or the Election Commission step up in moments of "ambiguity and uncertainty."

 

Speaking at the closing ceremony of a two-day legal conference in the capital of Bangladesh, Chandrachud highlighted that constitutions are inherently blueprints, not exhaustive manuals for every scenario, unlike statutes such as the Income Tax Act.

 

During the 'South Asian Constitutional Courts in the Twenty-First Century: Lessons from Bangladesh and India' conference, Chandrachud stated, "It is our responsibility to bring the Constitution into the lives of the people, who are the ultimate source of our authority." The Chief Justice also noted that the legitimacy of governance institutions, including the courts, relies primarily on their adherence to the constitutional framework.

 

In his speech titled 'Post Colonial Constitutional Development in South Asia,' Chandrachud emphasized that public trust in the Constitution solidifies when institutions such as Parliament, investigative agencies, the Election Commission, and the Supreme Court effectively navigate situations marked by ambiguity and uncertainty. He underscored that these institutions rise to the occasion not only when facing clear-cut challenges but particularly in moments of ambiguity.

 

Chandrachud concluded by stating that the court's mandate is truly fulfilled when it meaningfully upholds the principles promised by the Constitution, including liberty, equality, non-discrimination, and due process, thus securing public trust. The conference was also attended by Bangladesh Prime Minister Sheikh Hasina.

 

Prime Minister Sheikh Hasina was the chief guest while Chief Justice of Bangladesh Obaidul Hassan chaired the event which was attended, among others by Law Minister Anisul Huq.

 

In his address, 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."

 

"We must make sure that we, as judges and courts, learn to communicate with our citizens, and reach out to them; we cannot expect our citizens to reach out to us. That represents the changing face of our society," he said.

 

"I am always asked about the technology divide ... especially with the internet divide, even in countries such as India, is technology only for the elite? My answer is completely to the contrary," the CJI said.

 

In India, "We are using the money to break the internet divide," he said and explained how as part of a technology project, the government of India allocated Rs 7,000 crore to the Indian judiciary.

 

"We have set up a national judicial database, which maps every case across India in judicial data grade. We have put forth the digital ACR for the Supreme Court resources," Chandrachud said and asserted that the (digital) Supreme Court reports are free of charge, not just to the Indian citizens but also for people across the world.

 

"We are (also) setting e-seva kendras' in every court and judicial establishment in India so that all the citizens who do not have a smartphone or an Android phone can gain access to all the facilities that the judges and courts have provided," the CJI added.

 

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."