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Home INDIA

Role of Institutions in Upholding Constitutional Confidence

by Ayushi
February 24, 2024
in INDIA
"The legitimacy of the institutions of governance, including the courts, is primarily dependent on the functioning of institutions within the limits described by the Constitution," he said.
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Chief Justice of India D Y Chandrachud delivered a significant address on Saturday, highlighting the pivotal role played by institutions such as Parliament, the Supreme Court, and the Election Commission in fostering public confidence in the Constitution. Speaking at the valedictory function of a two-day legal conference in Bangladesh’s capital, Dhaka, Chandrachud underscored the importance of addressing ambiguity and uncertainty through decisive action by these institutions.

 

Chandrachud emphasized that constitutions, by their very nature, serve as blueprints rather than exhaustive guides for all potential scenarios. Unlike statutes like the Income Tax Act, which delineate specific rules, constitutions provide broad frameworks that require interpretation and application in various contexts. The Chief Justice emphasized that it is the responsibility of institutions to translate constitutional principles into tangible benefits for the people, who are the ultimate source of authority.

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The legitimacy of governance institutions, including the judiciary, is intricately tied to their adherence to constitutional norms and principles. Chandrachud stressed that public confidence in the Constitution is reinforced when these institutions effectively navigate situations characterized by ambiguity and uncertainty. It is during such challenging circumstances that institutions must rise to the occasion, demonstrating their commitment to upholding the rule of law and protecting fundamental rights.

 

In his address titled “Post-Colonial Constitutional Development in South Asia,” Chandrachud highlighted the significance of securing principles such as liberty, equality, non-discrimination, and due process. He underscored the mandate of the judiciary to safeguard these principles and ensure their meaningful implementation in society. Chandrachud’s remarks resonated with the conference attendees, which included prominent legal figures from both India and Bangladesh.

 

Prime Minister Sheikh Hasina graced the occasion as the chief guest, alongside Chief Justice of Bangladesh Obaidul Hassan. Chandrachud praised the collaborative efforts between India and Bangladesh in fostering constitutional development and strengthening judicial systems. He emphasized the need for greater utilization of technology to enhance access to justice and bridge the digital divide.

 

The Chief Justice advocated for leveraging technology to facilitate communication between the judiciary and citizens. He emphasized the importance of courts reaching out to citizens, rather than expecting the public to initiate contact. Chandrachud highlighted initiatives undertaken in India to harness technology for legal empowerment, including the allocation of significant funds to modernize the judiciary and improve digital infrastructure.

 

One notable initiative mentioned by Chandrachud was the establishment of a national judicial database, which maps cases across India and enhances transparency and efficiency in the judicial process. Additionally, efforts are underway to establish “e-seva kendras” in every court and judicial establishment, ensuring that citizens without smartphones can access essential services.

 

Chandrachud’s address underscored the evolving nature of constitutional and judicial systems in India and Bangladesh. Both countries recognize their constitutions as living documents that evolve with societal changes. By embracing technological advancements and upholding constitutional principles, India and Bangladesh aim to ensure stability, promote justice, and safeguard fundamental rights for all citizens.

 

Chief Justice D Y Chandrachud’s address reaffirmed the critical role of institutions in upholding constitutional confidence and advancing the rule of law in South Asia. His remarks underscored the importance of adaptability, transparency, and technological innovation in strengthening judicial systems and promoting access to justice.

Tags: Chief Justice of IndiaConstitutionElection CommissionGovernanceLegal EducationParliamentSupreme Courttechnology
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