Chief Justice of India D Y Chandrachud Yesterday (Sept 26) paid rich tributes to noted jurist M K Nambyar saying his repeated efforts to highlight the interlinked nature of fundamental rights have borne fruit and become an integral part of Indian jurisprudence. Speaking at MK Nambyar Memorial Lecture organised by his son former Attorney General K K Venugopal and grandson senior advocate Krishnan Venugopal at Bharat Mandapam here, CJI said Nambyar’s ideas were new and unheard of when he first presented them but his interpretations have stood the test of time.
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NEW DELHI: Chief Justice of India (CJI) D.Y. Chandrachud on Thursday paid glowing tributes to the renowned jurist M.K. Nambyar, emphasizing how his persistent efforts to showcase the interconnectedness of fundamental rights have significantly shaped Indian jurisprudence. Chandrachud highlighted how Nambyar’s pioneering legal work has become a cornerstone of the Indian legal framework.
M.K. Nambyar, born in 1898 in present-day Kasargod, Kerala, embarked on his legal career in the 1920s. Over the years, he emerged as a distinguished lawyer, serving both the Supreme Court and the Madras High Court. He passed away in 1975, but his legacy endures, particularly for his robust defense of fundamental rights and his contributions to shaping the basic structure doctrine of the Indian Constitution.
During the MK Nambyar Memorial Lecture, hosted by Nambyar’s son, former Attorney General K.K. Venugopal, and his grandson, senior advocate Krishnan Venugopal, at Bharat Mandapam, CJI Chandrachud reflected on the lasting impact of Nambyar’s interpretations. He remarked that, while Nambyar’s ideas may have seemed revolutionary and unprecedented at the time, they have since proven their enduring relevance.
“Legacies are not a function of novelty alone. The reason we are discussing MK Nambyar’s ideas today is not only because they were new and unheard of when he first presented them, which they very much were,”
-Chandrachud observed.
“The primary reason is that his ideas and interpretations have stood the test of time. They continued to be relevant through social, legal, and political changes until they were elevated from the pages of history and embedded in the legal framework,”
-he continued.
Chandrachud stressed that Nambyar’s contributions are inseparable from the broader legacy of the Indian Constitution itself. He added,
“Today his repeated efforts to highlight the interlinked nature of fundamental rights have borne fruit and become an integral part of our jurisprudence. In fact, we have moved beyond recognizing that fundamental rights gain color from one another. We have devised tests to balance one right against the other in situations of potential incompatibility.”
In his speech, Chandrachud referenced a recent legal case related to electoral bonds, a mechanism for funding political parties, explaining that the court had employed the “double proportionality test” to challenge and ultimately strike down the electoral bonds scheme.
“In many ways, it was MK Nambyar’s foresight in AK Gopalan (1950 verdict) that lies at the very core of this jurisprudential journey. The idea that a factual situation or state action only creates consequences on one single fundamental right is an unimaginable proposition of law,”
-CJI Chandrachud remarked.
He also reflected on the deeper significance of the Constitution, emphasizing that it is much more than just a legal document. According to him, the Constitution is both a reflection of the framers’ intent and a living, breathing part of the country’s democratic culture.
“It merely stems from the framers’ intent, but as Nambyar showed us, it blossoms in the lived realities of its constituents in their specific social contexts,”
-Chandrachud elaborated.
As he concluded his remarks, Chandrachud acknowledged the broader contributions of legal thinkers like Nambyar, who not only shaped the Constitution but also imbued it with meaning and guided it toward its legal destiny.
“As we celebrate the legacy of MK Nambyar, we must remember that there were many more like him, who left their imprints on the Constitution, enhanced it, infused it with meaning, and took the texts to its legal destiny,”
-he said, drawing applause from the audience.
This lecture serves as a reminder of how the pioneering efforts of legal visionaries like M.K. Nambyar continue to influence the legal landscape, leaving behind an enduring legacy that shapes the rights and freedoms of Indian citizens.
“Technology, as we experience it today is far different from what it was in the lives of the generation which drafted the Constitution. Information technology, together with the internet and social media and all their attendant applications, have rapidly altered the course of life in the last decade,”
-CJI said while addressing a memorial lecture on renowned advocate MK Nambyar.
Chandrachud said the legal scholars, lawyers and people who used the Constitution to challenge the status quo and to assert their rights are as much a part of the constitutional order as those who framed it.
“Nambyar’s story tells us that the story of the Constitution is a constant dialogue between generations of citizens. This dialogue reflects a dynamic process where each era interprets and applies constitutional principles to contemporary challenges and aspirations.”
“It highlights how the Constitution evolves through judicial interpretations, legislative amendments and societal changes, adapting to new contexts while preserving fundamental rights and values,”
-he said.
Highlighting that the continuous dialogue ensures that the Constitution remains relevant and responsive, the CJI said this will reflect the collective vision and aspirations of the people across different epochs.
“Lawyers play an indispensable role in shaping constitutional discourse. While judges have the ultimate authority to interpret the Constitution, it is the lawyers who craft and present the interpretive frameworks for the judiciary to consider. In this sense, interpretation is as much a job of a lawyer as it is of a judge, for without robust legal arguments and advocacy, constitutional interpretation would lack the necessary depth and diversity of perspectives,”
-he said.
The CJI said a thriving democratic order must account for each of them, encourage more assertion, creative interpretation and engagement with our constitutional culture.
Senior advocate C S Vaidyanathan, who was associated with Nambyar, also paid rich tributes to the noted jurist and lauded the way he used to make his preparation for a case and after carefully observing the judge, would make his arguments according to the judge.
K K Venugopal threw light on the career of Nambyar and how he prepared for the Gopalan case. Krishnan Venugopal presented the vote of thanks.
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