Constitutional mechanism works only when Election Commission, Supreme Court rise to the occasion: CJI DY Chandrachud

Chief Justice of India (CJI) DY Chandrachud on Saturday highlighted the role of Election Commissions and Supreme Courts in the functioning of Constitutional mechanism and institutions under Constitutional scheme..The CJI that such institutions must rise to the occasion during situations of ambiguity and uncertainty."The Constitution is not like the Income Tax Act. The legitimacy of the institution of governance depends on the functioning of the institution and it only works when the Supreme Court, Election Commission, etc. rise to the occasion when there are situations of uncertainty and ambiguity," he said.The CJI called for a comparative constitutional process among the higher judiciary in South Asia to help laws become better tested by neighbouring countries."A comparative constitutional process is important as our laws will be better tested on the touchstone of our neighbourhood. The recognition of public place as a place of discrimination is significant in our cultural context. Our Constitution retains elements of institutions which existed before democracy. Our courts should demonstrate our commitment to inclusion and diversity," he stated..The Chief Justice of India was delivering the keynote address at the South Asian Constitutional Courts conference in Bangladesh. CJI Chandrachud stated that dialogues between courts of such countries stand as a testament to the judicial camaraderie they share."This helps contextualise our constitutional histories. The colonial legal system had entrenched graded inequalities and our public institution system was assigned with establishing a constitutional order premised on equality," he added..The CJI spoke of how democracy and the rule of law have been instrumental to the growth of both India and Bangladesh. "When the Indian Constitution was framed it was asked will the Constitution survive. The adoption of the Constitution itself does not eliminate inequality. Our constitution recognises our people has rights bearing citizens. The Constitution established writs issuing courts to address anyone with legitimate concerns," he went on to observe.."Thank you for inviting me. Joy Bangla, Jai Hind," the CJI said in conclusion..Bangladesh Prime Minister Sheikh Hasina was also present on the occasion..[Follow our live-coverage of the speech]