Today(On 28th March),Tushar Mehta, India’s Solicitor General, delivered a lecture titled “The Journey of the Supreme Court of India on the Fundamental Rights” at Jindal Global Law School.
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Haryana: Today(On 28th March), The Justice P.N. Bhagwati Memorial Lecture provided valuable insights into their journey in India’s legal system. Tushar Mehta, the Solicitor General of India, delivered this enlightening lecture titled “The Journey of the Supreme Court of India on the Fundamental Rights” at the esteemed Jindal Global Law School.
“The journey of fundamental rights has been a constant struggle, a constant fight, a constant conflict between the majoritarian government and the Supreme Court of India,”
-said Tushar Mehta, encapsulating the essence of the lecture.
He highlighted the foundational role of the Government of India Act of 1935 in shaping the Constitution of India, despite its initial omission of a chapter on fundamental rights.
“It is important to note that the Government of India Act of 1935 was the foundational framework for the Constitution of India and we as a nation are fortunate that our visionary founding fathers and mothers drafted one of the most beautiful constitutions in the world. The Government of India Act 1935 had no chapter on fundamental rights! Today, fundamental rights have been deeply inlaid in the constitution that no state shall make laws which take away or breach the rights conferred under Fundamental Rights,”
– emphasized Mehta.
Mehta also discussed the challenges fundamental rights have encountered from majoritarian governments and highlighted the importance of the basic structure doctrine in safeguarding these rights.
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He shared significant judgments from Shankari Prasad to K.S. Puttaswamy, outlining the evolution of fundamental rights with anecdotes from both inside and outside the courtroom. Mehta particularly underscored the pivotal role of Justice Bhagwati, stating-
“It was with Justice Bhagwati and the Minerva Mills judgment that the law on fundamental rights became fairly settled.”
At the event, Prof. (Dr.) C. Raj Kumar, the Founding Vice Chancellor of O.P. Jindal Global University, extended gratitude to Mehta for his lecture. He underlined the enduring influence of Justice Bhagwati on the legal and human rights domain, both within India and internationally.
Dr. Kumar remarked-
“Justice Bhagwati was one person who transcended the boundaries of law and justice in India and was also recognized for his contribution to the world. He served as part of the United Nations Human Rights Committee for many years and was responsible for the evolution of national human rights institutions around the world.”
Reflecting on Justice Bhagwati’s legacy, Professor (Dr.) S.G. Sreejith, Executive Dean at Jindal Global Law School, highlighted his role as a champion of Public Interest Litigations (PILs) and his broadmindedness in acknowledging the Supreme Court’s shortcomings during the Emergency period.
“He had the broadmindedness to confess that the Supreme Court could have acted better during the days of the Emergency. His sense of guilt for the position taken in ADM Jabalpur was so profound that he had the courage to ‘plead guilty’… He had unwavering conviction in the power of law and in the mandate of the judiciary about which he would write later on, ‘one of the primary functions of the court is to share the passion of the Constitution’, an absolute necessity for a democracy.”
Dr. Khushboo Chauhan and Professor Surabhi Bhandari also highlighted the crucial role of the Supreme Court in safeguarding fundamental rights and promoting a culture of justice, equality, and dignity as outlined in the Indian Constitution.
