LawChakra

‘Introspection Always Welcome’ – Former CJI UU Lalit on Parliament’s Debate on the Constitution

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Former Chief Justice UU Lalit praised the proposal for a parliamentary debate on the Constitution, emphasizing its importance for assessing India’s adherence to constitutional goals. He noted the effectiveness of judicial interpretations on fundamental rights, especially regarding education. While acknowledging the need for amendments, Lalit highlighted the Constitution’s role in promoting inclusivity and governance improvements.

New Delhi: Former Chief Justice of India UU Lalit has hailed the idea of a parliamentary debate on the Constitution, calling it a significant step in understanding and refining constitutional aspirations. Speaking to NDTV, he emphasized the value of periodically assessing the nation’s progress in adhering to constitutional goals and achieving societal betterment. “There can’t be anything better than that,” he remarked.

Chief Justice Lalit underscored the importance of introspection in democratic governance.

“The parliamentarians quite periodically keep on taking stock of situations as to where exactly do we stand, how far have we come, and whether there are any provisions which require amendment,”

he said. He noted that reviewing the Constitution helps evaluate whether amendments made so far have had the desired impact or need fresh interpretation.

Commenting on the Constitution’s efficacy, Chief Justice Lalit observed that it has “fared very, very well.” He highlighted landmark judicial interpretations that have expanded fundamental rights, particularly Article 21. Citing the Maneka Gandhi case, he said,

“It is that expanded definition of right to life which was responsible for ensuring every child’s right to free, compulsory, and good-quality education.”

This right, introduced through Article 21A in 2002, has positively impacted at least two generations of students, he noted.

Lalit acknowledged the significance of key amendments. He pointed out that while the Constitution has undergone 106 amendments, only a handful were substantive. These include granting women one-third reservation in legislatures under the 106th amendment and the addition of new territories to the Union, such as Goa, Sikkim, and Pondicherry.

He also reflected on the trade-offs of certain amendments, such as the removal of the fundamental right to property, which he argued has had minimal adverse effects.

“But right to life getting inserted in Part 3 has had a tremendous dimension, giving substance to everybody’s life,”

he added.

Chief Justice Lalit emphasized how constitutional amendments often respond to judicial rulings. For example, reservations in promotions led to amendments refining consequential seniority and backlog vacancy rules. These amendments, he said, “smoothened rough edges in the process,” ensuring better governance.

Reflecting on the Constitution’s trajectory, Lalit lauded its role in fostering inclusivity and progressive reforms. He concluded,

“We are moving towards betterment, with good ideas getting inserted in the Constitution through interpretative processes and amendments.”

As Parliament debates the Constitution, Lalit’s insights underline the enduring relevance of India’s constitutional framework. The introspection, he believes, ensures the nation remains aligned with its foundational goals of justice, equality, and liberty for all.

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