[Book Review] Constitutionalism and Rule of Law in a Theatre of Democracy by Justice AK Sikri

Constitutionalism and Rule of Law: In a Theatre of Democracy, authored by former Supreme Court judge Justice AK Sikri, is a compelling look into the core values and principles that sustain democratic societies. Using his judicial background, Justice Sikri delves into the intricate relationship between constitutionalism and the rule of law.

With a foreword by Chief Justice of India DY Chandrachud, an introduction by Prof Upendra Baxi and an afterword by former Supreme Court judge Justice Rohinton Fali Nariman, the book contains an assortment of essays and speeches reflecting on cases that shaped constitutional jurisprudence in India.

The book is structured into several chapters, each meticulously exploring different facets of constitutionalism and the rule of law. These include the role of a judge in a democracy, judicial review and the principle of constitutional proportionality in achieving good governance. The central theme of the first part of the commentary is the pivotal role of the Constitution in striking a balance between the State’s power to take measures for advancing social welfare and the autonomy and dignity of people faced with coercive State powers.

Justice Sikri begins with a historical overview, tracing the development of these concepts from their philosophical origins to their contemporary applications. A significant portion of the book is dedicated to the analysis of landmark judicial decisions. Justice Sikri’s discussion of these cases provides valuable insights into how courts interpret and uphold constitutional principles. He uses a range of examples from India and other democracies to illustrate the dynamic nature of constitutional law and its adaptability to changing societal needs.

He goes on to lay down the three broad duties of a judge - to uphold the Constitution and the law in a substantive democracy as against maintaining a formal democracy (government of majority rule); bridging the gap between the law and society; and the duty of a judge to deliver speedy justice in the face of burgeoning complexities that are inevitable in the era of globalisation.

The author succinctly mentions the role of lawyers in being crucial agents in the process of administration of justice and underscores the importance of lawyers discharging their duties without fear or favour. He also highlights the importance of lawyers being “more than skilled legal technicians”, the need for them to be “legal architects, engineers, builders, and from time to time, inventors as well”, and their role as peacemakers as against promoters of conflict.

The second part of the book delves into the role of law schools in shaping the fabric of the legal profession.

In emphasising on the contributory role of law schools, Justice Sikri puts forth some recommendations. Some of these include the need to instil ethics and morality by intertwining professional responsibility in legal studies; sensitising students on legal aid work and connecting legal aid clinics at law schools with district or state legal services authorities so as to create a sense of responsibility to speak up for those who cannot stand up for themselves; training on mediation; revamping teaching pedagogies and stepping away from the rote learning system; and introducing new courses to equip students in the global world and augment research wings in law schools. 

Justice Sikri also covers the marginalised sections of society by delving into gender justice, disability rights and the jurisprudence of dignity by providing numerous anecdotes and references to legal luminaries to underscore these themes.

The third part of the book explores the relationship between spirituality and the legal profession, the relationship between law and literature, the globalisation of judging, and the power and role of mediation in enabling access to justice.

The fourth part is an exclusive dedication and tribute to legal luminaries like Prof Upendra Baxi and Prof MP Singh, who Justice Sikri says have been role models, teachers and mentors to him.

Justice Sikri's writing makes complex legal concepts understandable to a broader audience. He avoids unnecessary jargon and instead focuses on elucidating ideas through practical examples and analogies. This approach ensures that the book is not only suitable for legal professionals and students, but also for anyone with an interest in understanding the foundations of democratic governance.

The author does not shy away from discussing contentious issues and differing perspectives. He acknowledges the challenges and limitations of constitutionalism and the rule of law, such as the potential for judicial overreach and the tensions between different branches of government. This balanced approach adds depth to the book, encouraging readers to think critically about the principles and their application.

For anyone interested in the intersection of law and democracy, Justice Sikri’s book is an essential and thought-provoking read. It not only deepens the understanding of constitutionalism and the rule of law, but also inspires readers to appreciate the delicate balance that sustains democratic societies.