Soli J. Sorabjee, a distinguished jurist, advocated the Basic Structure Doctrine as a means to safeguard federalism and protect the judiciary. Emphasizing its importance, Sorabjee emphasized how this doctrine serves as a crucial mechanism for upholding the integrity of the federal system and ensuring the independence of the judiciary.
NEW DELHI: Recently, Supreme Court Judge Justice Surya Kant delivered the 3rd Soli J. Sorabjee Memorial Lecture, where he highlighted Sorabjee’s contributions and emphasized the significance of the doctrine in safeguarding fundamental principles. The late Soli J. Sorabjee, an eminent jurist, advocated for the importance of the basic structure doctrine as a means to protect federalism and the independence of the judiciary.
Soli J. Sorabjee firmly believed that the basic structure doctrine played a critical role in safeguarding federalism, preventing the dominance of the central government over the states, and preserving the judiciary’s power of judicial review.
Justice Surya Kant, while delivering the memorial lecture, expressed his deep admiration for Soli J. Sorabjee, referring to him not only as a guide and mentor but also as a dear friend.
Justice Kant emphasized
“Soli’s life was defined by his unwavering commitment to justice and civil liberties… I don’t just see Soli as a guide or mentor, but also as a dear friend whose loss has left a significant void,” Justice Kant remarked.
The memorial lecture, organized by the Commonwealth Lawyers Association (CLA), was attended by esteemed individuals from the legal fraternity, including Attorney General R. Venkataramani, Supreme Court judges, and senior advocates. The event served as a platform to honor Sorabjee’s memory and reflect on his invaluable contributions to the field of law.
Justice Surya Kant centered his lecture on the topic of “Human Rights and Their Development in India.” Exploring the concept of dharma, he highlighted how it has contributed to ensuring judicial independence. According to Justice Kant, dharma’s significance lies in its position above all, making it immune to the attempts of any individual, regardless of their authority, to undermine it. The rule of dharma extends to all individuals, establishing a just and impartial judicial system.
In his discourse, the judge delved into the significance of the concept of dharma and its role in reinforcing judicial independence.
“The concept of dharma has played a pivotal role in fostering an independent judiciary. Dharmic law was considered supreme, transcending any individual’s authority to abolish it. It applied universally to all,” he remarked.
Addressing the complexity of understanding Human rights, he added,
“Human rights are broadly defined as the freedoms and conditions inherent to human beings by virtue of their humanity, irrespective of their status. These rights are often seen as inalienable and interconnected. They evolve over time and are influenced by various factors, including their socio-cultural context.”
Furthermore, Justice Kant highlighted the creation of an impartial judicial system as a testament to the recognition of fundamental Human rights.
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“The establishment of a judicial system and its accessibility to the general populace for seeking redress for violations of their rights embodies the principles of human rights. Individuals approach the courts for diverse reasons, not always directly linked to fundamental rights infringement. Nevertheless, the availability of a robust judicial process distinguishes a nation,” he emphasized.
