Irrespective of government's electoral legitimacy, Constitution the "North Star" against which govt action will be judged: Justice DY Chandrachud

Constitution of India is the "North Star" against which all State action is judged, irrespective of the electoral legitimacy of the government, observed Supreme Court Judge, Justice DY Chandrachud on Saturday..He made the observation in an address rendered at an event organised by Shikshana Prasaraka Mandali to commemorate the 101st birth anniversary of his father and former Supreme Court Chief Justice, Justice YV Chandrachud.."We may on occasion feel that our democracy is no longer new and the need to learn Constitutional history and to engage with its framework is not as worthwhile. However, it is important to recognise that in times of peace or crisis, irrespective of the electoral legitimacy of the government, the Constitution is a North Star against which the conformity of every State action or inaction would have to be judged," Justice Chandrachud observed..He noted that the Indian nation was forged on the promise of certain commitments and entitlements to each and every citizen. These Constitutional promises include religious freedom, a promise of equality between persons irrespective of sex, caste or religion, a promise of fundamental freedom of speech and movement without undue State intrusion and an enduring right to life and personal liberty, he explained.."Majoritarian tendencies, whenever and however they arise, must be questioned against this background of our Constitutive promise. Any semblance of authoritarianism clamped down on civil liberties, sexism, casteism, otherisation on account of religion or region is upsetting a sacred a promise that was made to our ancestors who accepted India as their Constitutional republic," Justice Chandrachud added..He went on to observe that the danger to one's Constitutionally guaranteed freedoms may originate from those who are tasked to govern or in the intolerance of others in society. .In such a scenario, Justice Chandrachud highlighted that "The Constitution provides you, our students, our younger generations and everyone, both with a shield and a guard.".A substantial part of his address also focused on the the evolving nature of the Constitution which, he observed, must be interpreted to suit the future's needs but without divorcing it from its historical context. .A study of the Constitution would reveal that goals laid down in the Constitution's Directive Principles of State Policy are meant to serve as "pedagogical instruments for future governance in order to enable their progressive realisation", he said.."(The Constitutition) embodied a vision and a transformative purpose when it formulated a framework that was truly aspirational. The aspiration of the Constitution to bring about social change still continues to be and will always be work in progress. The process of Constitutional amendment is relatively easy in India and has been exercised over a hundred times to reflect the march of time and to reflect the evolving needs and values of society," he went on to observe..Recounting how the right to privacy was read into the fundamental right to life and personal liberty under Article 21 of the Constitution in the KS Puttaswamy case, Justice Chandrachud further remarked, ."My conclusion in the Supreme Court decision, recognising a right to privacy as an essential component of the right to life under Article 21 of the Indian Constitution was a recognition of the Constitution as a foundation which future generations had to build upon as opposed to a rigid text that would be literally applied, divorced from its historical context. The Constitution sought to define the contours of our democratic institutions by providing certain operative rules and constraints that were grounded in a commitment to equality, liberty and justice for all as an enduring vision. It is the job of succeeding generations now to interpret its spirit and apply it to lived reality. In the way in which each generation works with the Constitution, we provide new meaning to its content. In doing so, we preserve its relevance to the future.".Justice Chandrachud also emphasised that the Constitution and its application is not a domain that is left to lawyers and judges alone. ."Do read up on history, the spirit and our morality of our constitution. Ours is not just a lawyer’s constitution. Being a lawyer and now a judge, it is a pursuit in eternal education," he urged..Each and everyone, irrespective of age, profession or socio-economic location unwittingly engages with the Constitution every day, Justice Chandrachud added.."When we lead our lives without obtrusive or unjustified state interference, when everyone, irrespective of their caste asserts their right to enter public places, be they shops, parks, wells or temples or when they enjoy their right to speak our minds and profess our trade, we are served our Constitutional freedoms ... The Constitution and its teachings will matter irrespective of your vocation," he said..As he concluded his address, the Judge also noted that when the Constitution was introduced, it viewed the independent Indian State as predominant actor and did not envisage the number of competing interests that have arisen since the advent of globalisation. .All the same, the Constitutional spirit "seeks to protect individuals from hegemonic power structures irrespective of their arms and origins", he observed. This approach would also aid to tackling potential issues arising out of globalisation, the Judge opined. "In viewing out Constitution as the primary spirit of counter majoritarianism, we can equip ourselves with a unique lens to view the world and balance competing interests where we undoubtedly make scientific progress but in a manner that benefits all of humanity and not just a narrow segment of our society," he said. .The event also so Justice UU Lalit, Supreme Court judge, reminiscing his acquaintance with CJI YV Chandrachud. Justice Lalit recalled having been impressed by the manner in which Justice YV Chandrachud held Court, "sober, composed and at the same time, completely in command."."As luck would have it, my first case in Supreme Court that I argued independently was before Justice YV Chandrachud. We have a long, long association," Justice Lalit recounted..He went on to speak on several judgments rendered by Justice YV Chandrachud, who he noted had one of the longest tenures as a Supreme Court judge. Justice Lalit observed that these judgments were path-breaking and served as "lighthouses that have showed us the path" for the future.