CJI Chandrachud: Judiciary is the Moral Conscience of the Constitution
In a landmark address, Chief Justice of India (CJI) D.Y. Chandrachud emphasized the judiciary’s critical role as the “moral conscience of the Constitution” and a guardian of democracy. Speaking at the 75th-anniversary conference of the Supreme Court, his remarks addressed judicial independence amid growing scrutiny over transparency and accountability.
Judiciary as the Protector of Constitutional Morality
CJI Chandrachud reinforced the judiciary’s duty to uphold constitutional morality, stating:
“Courts are not just dispute resolvers but custodians of justice, ensuring the Constitution’s spirit thrives in every citizen’s life.”
He cited historic rulings like:
– Kesavananda Bharati (1973): Established the Basic Structure Doctrine.
– Navtej Singh Johar (2018): Decriminalized homosexuality, affirming fundamental rights.
His speech subtly countered concerns over judicial appointments and executive interference, declaring “an independent judiciary is non-negotiable in a democracy.”
Democracy at Risk? The Judiciary’s Defensive Role
With global democracies facing erosion—from weakened institutions to shrinking press freedom—the CJI cautioned:
“Democracy isn’t self-sustaining; it needs vigilant protectors.”
Recent Supreme Court interventions, like halting the farm laws and scrutinizing electoral bonds, highlight its assertive stance against executive overreach.
Boosting Transparency and Public Trust
Acknowledging criticisms of judicial opacity, CJI Chandrachud advocated:
– Live-streaming constitution bench hearings
– Digitizing court processes
– Reducing case backlog (4.8 crore pending cases)
He emphasized “democratizing justice” through technology and gender inclusivity, citing increased appointments of women judges.
Political and Legal Reactions
Supporters, like Congress MP Shashi Tharoor, praised the speech as:
“A timely reminder that the Constitution is India’s soul.”
Critics, including BJP’s Sudhanshu Trivedi, argued:
“The judiciary must avoid policy overreach.”
Legal experts remain divided—some hail it as a “defense of constitutionalism,” while others urge judicial restraint.
Conclusion: A Defining Moment for India’s Democracy
As the Supreme Court prepares to rule on pivotal cases (CAA, privacy rights, etc.), CJI Chandrachud’s words serve as both reassurance and warning:
“The Constitution is a living promise—our duty is to honor it.”
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