Constitution Founders Attempted A Radical Transformation Of Society Which Was Based On Caste & Patriarchy : Justice D Y Chandrachud

On the occasion of the birth centenary of Justice Y V Chandrachud, former Chief Justice of India, the Indian Law Society, ILS Law College, the late former Chief Justice's alma mater, organized a celebration as well as a discussion on the topic "A Changing Society and Constitutional Continuity – Experience in Pursuit of Justice"."Looking back at the life of my Father, we are separated in time, but we are united in the Constitutional framework that we have both vowed to uphold", remarked Dr. Justice DY Chandrachud, Judge of the Supreme Court of India, at the session. The event was attended by Supreme Court Justices DY Chandrachud and Rohinton Fali Nariman, with emotionally awakening reminiscence speeches delivered by the grandsons of Chief Justice YV Chandrachud, Dr. Abhinav Chandrachud, Advocate at Bombay High Court, and Dr. Chintan Chandrachud, Associate at London Office of QEUS LLP. The discussion on the topic commenced with Justice Chandrachud stating: "Our Constitution was framed in a world which was starkly different from our own, but it continues to be the highest authority in the source of guidance for interpreting our laws. How then does a 70-year-old document remain relevant to face the challenges, the changing moods and aspirations of the people of the 21st Century?" Justice Chandrachud remarked that despite the changes that had taken place over the decades over constant dialogues between the governments of the day, the people and the judiciary, the underlying structure of the Constitution has remained unaffected. Chief Justice YV Chandrachud's prescient opinion in the case of Minerva Mills Ltd. v. Union of India (1980) was highlighted which said, "Amend as you may even the solemn document which the founding Fathers have committed to your care for you know best the needs of your generation, but the Constitution is a precious heritage, therefore you cannot destroy its identity." Justice Chandrachud then commented upon the roots of our democratic society, which stemmed from colonialism, against all odds. "All political expression and contestations through democratic means are often enabled by the Constitution of democratic societies. The Indian Constitution is reflective of a century-long struggle for self-determination. The Constitution embodied a transformative vision at its birth. The founders attempted a radical transformation of a society which was based on caste and patriarchy, where liberty lay at the command of a colonial master." In this context, Justice Chandrachud invoked historian and writer William Dalrymple's The Anarchy wherein it had been remarked that the East India Company's conquest of India remained the supreme act of corporate violence in world history. For all the power wielded today by the world corporations, they were tame beasts compared to the ravaging territorial appetites of the Company. Working against the essentiality of what surrounds a democratic society, the social vision of the Indian Constitution was termed as "revolutionary" by Justice Chandrachud. However, the political vision was based on the orderly transition governed by the rule of law. Members of the Constituent Assembly were inspired by the Fabian society and a socially-inspired welfare state. "However, it was recognized that economic policies should be a product of democratic policies and could not be enforced for posterity." Justice Chandrachud then stated that a measure of a Constitution could only be achieved by discerning how well it had managed the balance between entrenchment and change. "In the 70 years since the adoption of the Constitution, it has seen over 100 amendments to its form. Some of these amendments such as the Fundamental Right to Property and the introduction of the Anti-Defection Tenth Schedule have redistributed fundamentally the economic and political power around social actors. The judiciary has also taken effective steps to adapt to the changing needs of society, such as striking down of many colonial-era laws." Justice Chandrachud went on to refer to Chief Justice YV Chandrachud's endeavor to provide an avenue for Constitutional justice in the sphere of criminal law. "Justice YV Chandrachud in his tenure sought to give voice to Constitutional justice in an area that was close to his heart: criminal law. His compassionate persona was reflected in the scrutiny of evidence to unearth the faultline of society which translated to excesses in law. For instance, he acquitted a person who had been convicted of murder and was sentenced to death by finding that he had been falsely accused of rape and murder." With this insight into the multiple facets of law and its intersection with society, the judgment delivered by Justice YV Chandrachud served as a guiding light for reformative and not only penological aim of criminal law. "Section 303 of the Indian Penal Code mandated a death sentence when murder was committed by someone...

Constitution Founders Attempted A Radical Transformation Of Society Which Was Based On Caste & Patriarchy : Justice D Y Chandrachud

Radhika Roy

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