CJI Chandrachud: “Constitutional Mechanism Relies on Election Commission and Supreme Court’s Vigilance”

Today (24 Feb), CJI (Chief Justice of India) DY Chandrachud was delivering the keynote address at the South Asian Constitutional Courts conference in Bangladesh. He emphasized the significance of the Election Commissions and Supreme Courts in the operation of Constitutional mechanisms and institutions within the Constitutional framework.

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CJI Chandrachud: "Constitutional Mechanism Relies on Election Commission and Supreme Court's Vigilance"

Bangladesh: Chief Justice of India (CJI) DY Chandrachud underscored the pivotal role played by both the Election Commissions and Supreme Courts in the operation of Constitutional mechanisms and institutions as outlined within the Constitutional framework. He emphasized that such institutions must effectively address situations of ambiguity and uncertainty.

“The Constitution operates differently from the Income Tax Act. The legitimacy of governance institutions hinges upon their functionality, and they are only effective when the Supreme Court, Election Commission, etc., step up in times of uncertainty and ambiguity,”
-he stated.

The CJI advocated for a comparative constitutional process among the higher judiciary in South Asia to facilitate the refinement of laws through cross-border examination.

“Engaging in a comparative constitutional process is crucial, as it allows our laws to be rigorously assessed within the context of neighboring countries. Recognizing public spaces as sites of discrimination holds particular significance within our cultural milieu. Our Constitution incorporates elements of pre-democratic institutions, and our courts must exhibit a steadfast commitment to inclusion and diversity,”
-he remarked.

The Chief Justice of India delivered the keynote address at the South Asian Constitutional Courts conference held in Bangladesh.

CJI Chandrachud emphasized that dialogues among courts from these nations underscore the strong judicial camaraderie they share.

CJI Chandrachud: "Constitutional Mechanism Relies on Election Commission and Supreme Court's Vigilance"

“This facilitates a contextual understanding of our constitutional histories. The colonial legal system entrenched graded inequalities, and our public institution system was tasked with establishing a constitutional order based on equality,”
-he elaborated.

The CJI highlighted the pivotal role of democracy and the rule of law in the progress of both India and Bangladesh.

“When the Indian Constitution was drafted, concerns were raised about its survival. Mere adoption of the Constitution doesn’t eradicate inequality. Our Constitution recognizes our people as rights-bearing citizens. It established courts empowered to issue writs to address legitimate grievances,”
-he remarked.

“Thank you for the invitation. Joy Bangla, Jai Hind,”
-concluded the CJI.

Bangladesh Prime Minister Sheikh Hasina also attended the event.

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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