LawChakra

“Misconceived Perception that Traditional Values Conflict with Modern Democratic Principles”: CJI

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Yesterday, On 9th October, Chief Justice of India (CJI) D.Y. Chandrachud addressed the misconception that traditional values conflict with modern democratic principles. He emphasized that India’s Constitution itself recognizes traditional institutions like village panchayats and gram sabhas, embedding them within the democratic framework. These provisions not only preserve local governance structures but also align them with contemporary political thought and procedures. By doing so, the Constitution bridges tradition and modernity in India’s democratic system.

Bhutan: Chief Justice of India D.Y. Chandrachud stated on Tuesday that there is a “misconceived perception that the traditional values of Indian and Bhutanese communities are in conflict with modern democratic principles like liberty, equality, and dissent. “

Speaking at the third convocation ceremony of Bhutan’s Jigme Singye Wangchuck School of Law.

CJI Chandrachud emphasized,

“Both India and Bhutan have long-standing community-based mechanisms for resolving disputes and governance, which should not be dismissed as outdated. “

Instead, he urged that these traditional systems be enhanced by modern constitutional ideas.

Suggesting that these traditional practices are not incompatible with democratic ideals. He added,

“A dispassionate look at the history of our communities in Asia often yields a different answer,”

He also highlighted that India’s Constitution recognizes village panchayats and gram sabhas, integrating traditional practices with contemporary political processes.

Chief Justice of India D.Y. Chandrachud remarked,

“It is this tradition, rather than imported modern values, that explains the central role of public debate in India’s democracy and secular politics.”

Speaking about Bhutan, he noted that the country’s Constitution places a strong emphasis on environmental stewardship, declaring every citizen a trustee of the nation’s natural resources for the benefit of present and future generations. He highlighted that it is a fundamental duty for every citizen to protect and conserve against ecological degradation.

He added,

“The Government pledges to protect, conserve, and improve the pristine environment and safeguard biodiversity; prevent pollution and ecological degradation; and secure ecologically balanced sustainable development while promoting justifiable economic and social progress,”

CJI Chandrachud praised Bhutan’s cultural and intellectual wealth, calling the success of its institutions a milestone for both the local and global legal communities. He expressed admiration for the combination of modern, technologically advanced legal education with Bhutan’s deep-rooted cultural and ethical values, noting the importance of clinical education in teaching students both technical skills and ethical principles.

He said,

“This fascinating experiment also encourages students to appreciate traditional methods of dispute resolution,”

The CJI further observed that countries like India and Bhutan often face diverse influences, particularly from the West, and must question the assumption that these external values are universally applicable. He pointed out that the conventional Western view of human rights, which prioritizes the individual over the community, doesn’t always reflect the cultural nuances of justice in other contexts.

He concluded,

“As we engage with cultural assimilation and globalisation, it is essential to preserve our distinct cultural identities,”

He stressed, advocating for a selective approach to global norms that enhances, rather than replaces, existing values,

“By doing so, we can create a cultural landscape that seamlessly blends tradition and modernity, forging our own unique path towards progress and development,”

Chief Justice of India D.Y. Chandrachud, who is set to retire on November 10, reflected on his approaching departure from office, stating,

“I will be demitting office as the Chief Justice of India in November this year, after having served my country for two years. As my tenure is coming to an end, my mind has been heavily preoccupied with fears and anxieties about the future and the past.”

He shared his contemplation over questions such as,

“Did I achieve everything I set out to do? How will history judge my tenure? Could I have done things differently? What legacy will I leave for future generations of judges and legal professionals?”

He acknowledged that the answers to many of these questions lie beyond his control and that some may remain unanswered.

However, he added,

“I do know that, over the last two years, I have woken up every morning with a commitment to give the job my fullest and gone to bed with the satisfaction that I served my country with utmost dedication.”

He found solace in this, explaining,

“Once you have this sense of faith in your intentions and abilities, it is easier to not get obsessed with the outcomes. You begin to value the process and the journey towards these outcomes.”







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