Principles of democracy & judicial review intertwined, both form core of basic structure of Constitution: Justice BR Gavai

29/03/2024

NEW DELHI, Mar 28: Justice BR Gavai, judge of the Supreme Court, delivered a lecture on the topic "75 years of Transformative Constitutionalism" at the Columbia Law School on March 26.
The lecture was organized by CEDE, the American Constitution Society, the Center for Constitutional Governance, and the Institute for Comparative Literature and Society.
In his, Justice BR Gavai discussed how the Indian Constitution reflects a transformative intent and how this intent has been upheld by the legislature and the Supreme Court of India. He outlined the concept of transformative constitutionalism as articulated by constitutional scholar Karl Klare, emphasizing its commitment to transforming political and social institutions towards democratic, participatory, and egalitarian ideals.
"While democracy needs to be protected and upheld at all times by the people, the courts play a seminal role in reinforcing the supremacy of the Constitution and determining the validity of legislative and executive actions on the touchstone of the principles of the Constitution. The principles of democracy and judicial review are intertwined and complementary. These form the core of the basic structure of the Constitution," Justice Gavai said.
Justice Gavai highlighted the transformative intent of the Indian Constitution, noting its shift from an unequal society to one that upholds justice, equality, and dignity for all. He discussed the importance given to provisions of equality, liberty, and fraternity, and how the Constitution addresses issues such as caste discrimination, gender discrimination, and untouchability.
Regarding legislative enactments, Justice Gavai mentioned several laws enacted to uphold constitutional ideals and secure the rights of vulnerable and marginalized sections of society, such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Rights of Persons with Disabilities Act, 2016.
In terms of judicial pronouncements, Justice Gavai discussed how the Supreme Court has interpreted the Constitution broadly, expanding the scope of fundamental rights and upholding principles of non-discrimination and equality. He mentioned landmark cases such as Maneka Gandhi v. Union of India, Navtej Singh Johar v. Union of India, and cases related to affirmative action and reservation policies.
Overall, Justice Gavai underscored the transformative potential of the Indian Constitution and the role of the Supreme Court in upholding its ideals in a dynamic and evolving society.
Prof. Madhav Khosla and Disha Wadekar also spoke at the event.

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