Former Supreme Court judge Jasti Chelameswar said that if courts can cancel laws made by Parliament for being unconstitutional, then they also have the right to tell public officials to do their legal duties.
Former Supreme Court judge Jasti Chelameswar stated in Chennai on Saturday that judges of the Supreme Court and High Courts, when empowered to declare laws passed by Parliament or State Legislatures unconstitutional, also hold the authority to direct constitutional authorities, including the President and Governors, to perform public functions.
Justice Jasti Chelameswar, said the supreme court is empowered to issue directions to the President to do an act, on the lines of the powers to scrutinise the legality of a law enacted by the Parliament.
He made this remark in response to a question from retired Madras High Court judge C.T. Selvam, after delivering a lecture titled “The 75-Year Journey of the Constitution of India.”
The event was organized by the Rakesh Law Foundation (RLF) in collaboration with the Rojah Muthiah Research Library (RMRL) to celebrate the 24th birth anniversary of Rakesh Ranganathan, son of senior advocate and DMK Rajya Sabha member N.R. Elango.
In his comments, Chelameswar referred to Vice President Jagdeep Dhankhar’s recent criticism of the Supreme Court for setting a three-month timeline for the President to act on Bills sent by the Governors.
He remarked,
“If you and I, as judges, can declare a law made by Parliament unconstitutional, to believe that they have no power to direct a public office holder to do a public act, to my mind, would be constitutionally doubtful, because I will not subscribe to that theory.”
During his lecture, Chelameswar emphasized that the 75th anniversary of the Constitution should be seen as a time for introspection rather than mere celebration.
He expressed concerns about the more than 100 amendments made to the Constitution over the past 75 years, the “insane amount of money” spent by candidates in elections, and the growing backlog in the judiciary due to inadequate budgetary allocations.
The event also featured Justice G.R. Swaminathan of the Madras High Court, N. Ravi, Director of Kasturi and Sons, and Tamil Nadu Minister for Hindu Religious and Charitable Endowments P.K. Sekarbabu.
Retired Madras High Court judge G.M. Akbar Ali moderated the discussion, while RMRL director G. Sundar, RLF vice chairperson Ragavi Elango, treasurer Stalin Abhimanyu, and assistant treasurer M. Ranjith also contributed to the proceedings.
Also Read: Ex-SC Judge B N Srikrishna: “Delay in Justice Is Denial of Justice”
Justice Jasti Chelameswar is a retired Supreme Court judge known for his bold and independent opinions. He served on the apex court from 2011 to 2018.
He gained national attention for being one of the four judges who held a historic press conference in 2018, raising concerns about judicial transparency and the functioning of the Chief Justice’s office. He often questioned the collegium system and called for reforms. Before the Supreme Court, he served as Chief Justice of the Kerala High Court.
Justice Chelameswar is widely respected for his integrity and commitment to constitutional values.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
