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Article 32 Is the Heart and Soul of the Constitution: CJI Surya Kant

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Today, on 26th November, the 76th Constitution Day, CJI Surya Kant said Article 32 is the heart and soul of the Constitution, stressing that justice becomes real only when citizens can access courts without hurdles. He urged steps to bridge the gap between rights and reality.

Constitution Day celebration began today at the Supreme Court of India in the presence of President Droupadi Murmu.

The event opened with reflections on India’s constitutional history and the need to strengthen democratic institutions, support diversity, improve access to justice, and ensure inclusion in the judiciary.

Justice Vikram Nath began by recalling the significance of the day on which the Constitution was adopted.

He said,

“Today we mark a defining moment in India’s history November 26, 1949 when the Constituent Assembly adopted our Constitution, choosing democracy, liberty, equality, and the rule of law as the pillars of the Republic.”

He added that the Constitution is not just a legal document but a living promise.

According to him,

“Constitution is not just a legal text but a living assurance through which India has pursued justice, protected diversity, and balanced rights with duties. Constitution Day, he says, is not a ceremonial observance but a renewal of the values that unite us the dignity of every individual, national unity, and the belief that democratic institutions must continually progress.”

Justice Nath further stressed India’s diversity and the stabilising role of the Constitution.

He said,

“In a country as diverse as ours, the Constitution serves both as direction and stability supporting institutions, safeguarding the vulnerable, and evolving with changing times without losing its core principles. Supreme Court’s role remains grounded in constitutional fidelity, with every interpretation made carefully, knowing it affects the daily lives of millions.”

Supreme Court Bar Association (SCBA) President Vikas Singh reminded the audience of the foundational debates of the Constituent Assembly.

He highlighted the contribution of Hansa Mehta and quoted her exact words,

“Seventy nine years ago, the Constituent Assembly began shaping a new India. Among its strongest voices was Hansa Mehta, who demanded real inclusion. On December 19, 1946, while discussing the Objectives Resolution, she said that it will reassure many women that a free India promises not just equality in status, but equality in opportunity.”

He reflected on women’s progress but also pointed out that representation in law and judiciary remains low.

Singh stated,

“She reminded us that although a few women like Sarojini Naidu reached great heights, they were rare. Today, women make up nearly 48% of our population and are leading in almost every field except politics and law. In politics, we have taken a progressive step with reservation for women, but its implementation has been inexplicably postponed.”

He highlighted the numbers showing gender imbalance.

He said,

“At present, only one out of thirty three judges in the Supreme Court is a woman. Women form 13% of High Court judges and 35% of the district judiciary. By 2030, we must work toward 25% women judges in the Supreme Court, 30% in the High Courts, and 50% in the district judiciary.”

On institutional credibility, Singh emphasised the importance of transparency in the judicial appointments process.

He stated,

“The judiciary’s credibility depends entirely on public trust, which is built through the character and diversity of those elevated to the Bench. Even after the Supreme Court’s 2016 judgment outlining transparency and accountability in revising the Memorandum of Procedure, we are still waiting for its implementation. This is not optional it is essential for meaningful accountability in the collegium system.”

He defined justice in broader terms.

Singh said,

“For us in the SCBA, justice for all is not a slogan. It means justice for the poor seeking dignity, for women demanding equality, for minorities needing protection, for future generations who will inherit our decisions, and for the environment that sustains us. If every organ of the State and every citizen truly followed its principles, most of our challenges would resolve themselves.”

Bar Council of India Chairman Manan Kumar Mishra underlined the historic role of lawyers in shaping India’s constitutional order.

He began by saying,

“When the Constituent Assembly met, almost one-third of its members were lawyers. But our role didn’t end there it truly began after 1950. Since then, the Bar has become the defender and interpreter of the Constitution. In courts, we have expanded the ideas of liberty, equality, and justice; outside, we educate citizens and remind the state that power must stay accountable.”

He stressed inclusion and the responsibility of the Bar, saying,

“The story of India cannot be told without the Bar. In a nation of 140 crore people, hundreds of languages, and deep inequalities, it is our responsibility to ensure the Constitution protects everyone especially the powerless. The Supreme Court has repeatedly affirmed that no citizen is invisible, and our Constitution remains living and adaptable.”

Mishra spoke candidly about difficulties faced by young and less-connected lawyers.

He noted,

“Let me also speak honestly. There are two kinds of lawyers many struggle to get briefs, chambers, or opportunities. Arbitration and even mediation are controlled by a select few, and government panels are no different. The Union Government must create systems so that deserving advocates can find work. Fluency in English should not become a barrier merit lies in legal ability and advocacy. After 75 years of independence, regional languages must be respected across all courts.”

He concluded by stressing the spirit of the Constitution, saying,

“I conclude with this the Constitution is not just a document. It is our national conscience and a promise of dignity, equality, and freedom for every individual.”

Attorney General R. Venkataramani described Constitution Day as a celebration of national unity. He said,

“We celebrate many festivals with joy and tradition, but today we honour a festival that unites the entire nation the celebration of our Constitution. This is not just an emotional occasion; it reminds us to rise above differences and renew our shared commitment to democracy and unity. Our Constitution is a fabric woven from the sacrifices and ideals of millions who believed in freedom and dignity for all. It asks us to ensure that our institutions function with integrity and purpose, and that securing liberty and welfare remains a collective duty. The Constitution placed the nation first its unity, its well being, its future and everything we do must reflect that spirit.”

He acknowledged the progress made in India’s constitutional journey.

He said,

“Seventy five years of our constitutional journey show maturity in managing our democracy. The Supreme Court has expanded the meaning of equality, free speech, and executive accountability, and its role in national development remains crucial. The Bar cannot be passive it must stay fully engaged. NALSA must also work toward this goal. The rule of law becomes meaningful when we move beyond institutional independence to ensuring ease in navigating the justice system. India is ready to become a global centre for mediation and arbitration. We stand in a new era of freedom and technology, facing new challenges but our Constitution is strong enough to meet them.”

Chief Justice of India Surya Kant paid tribute to women members of the Constituent Assembly and emphasised the spirit of constitutional implementation.

He stated,

“As we mark seventy-six years of our Constitution in force, I want to begin by recalling Begum Aizaz Rasul one of the fifteen women in the Constituent Assembly and a lasting inspiration. She reminded us that a Constitution is ultimately judged by the spirit in which it is implemented, and she hoped its working would raise India’s stature and make her a force for global peace. I cite her today because her words still hold true. The framers imagined a Constitution flexible enough to adapt to change, yet visionary enough to make India not just a successful nation but a moral guide for the world and that vision has proved remarkably accurate.”

Reflecting on India’s progress, the Chief Justice added,

“Over these decades, India has moved from the uncertainties of a young nation to a confident country with a major economy, growing industries, mature policies, and rapidly advancing technology. Through all this change, one constant has held us steady the Constitution. It has enabled progress without instability and reform without losing direction.”

CJI Surya Kant also addressed the challenges of access to justice. He said,

“Over the years, we have widened the scope of Article 21, given fresh life to fundamental duties and the Directive Principles, and allowed individuals to approach constitutional courts directly to protect their rights. But I am not saying our work is complete. As the saying goes, when you climb one mountain, you see higher peaks ahead. Without real access, liberty becomes symbolic and constitutional rights lose meaning for ordinary people. Yet we know there is still a troubling gap between our constitutional promise and the lived reality, especially for those on the margins who face high costs, language hurdles, distance, and delays.”

He underlined the importance of Articles 32 and 39A, stating,

“Articles 32 and 39A make this commitment explicit. Our framers knew that declaring rights without providing a way to enforce them would fall short. That is why Article 32 has been called the heart and soul of the Constitution. The responsibility to uphold this guarantee rests with the Supreme Court and the High Courts, and we must now consider what more is needed to make it truly effective.”

Constitution Day, also known as Samvidhan Divas, is celebrated in India on November 26 each year. It marks the adoption of the Indian Constitution in 1949, which came into effect on January 26, 1950.

The day is observed to honor the architects of the Constitution, especially Dr. B.R. Ambedkar, and to promote awareness about constitutional rights and duties. Various events, lectures, and activities are organized nationwide to emphasize the significance of democratic principles and governance.




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