Ram Is Not The Idea Of India; Idea Of India Is The Constitution Of India : Senior Advocate Indira Jaising

Senior Advocate Indira Jaising, on May 29, while speaking at a National Conference Government Law College, Ernakulam, underscored the critical importance of upholding the constitution's principles. She also highlighted the need for an independent judiciary and judges to remain faithful to the Constitution of India. While criticising current practices and laws that undermine constitutional values, she called for a judiciary to serve as an impartial arbiter between the Citizen and State. Jaising was speaking at a National Conference on "Constitution in a Changing India." This is a three-day conference and Jaising spoke on the topic 'Constitutional imperatives for an independent judiciary.' At the beginning of her address, she said that it is a matter of pride for her that students across the world are protesting over the genocide in Palestine. She added: “Students are the future. They were in the leadership of the anti-Vietnam movement, which brought the war to an end. So, I hope that the protest of the students today will also bring this international war to an end.” Speaking on her topic, she highlighted that the constitution was adopted at a time when the social-political situation of the nation was marred by inequality. Hence, the constitution became the document for restructuring India's ideas. Taking a cue from this, she quoted a paragraph authored by the present CJI in the case of the Indian Young Lawyers Association and Ors. vs. The State of Kerala and Ors., (2019) 11 SCC 1 (Sabarimala temple case) “Reading Dr Ambedkar compels us to look at the other side of the independence movement. Besides the struggle for independence from the British rule, there was another struggle going on since centuries and which still continues. That struggle has been for social emancipation. It has been the struggle for the replacement of an unequal social order. It has been a fight for undoing historical injustices and for righting fundamental wrongs with fundamental rights. The Constitution of India is the end product of both these struggles. It is the foundational document, which in text and spirit, aims at social transformation namely, the creation and preservation of an equal social order. The Constitution represents the aspirations of those, who were denied the basic ingredients of a dignified existence.” Borrowing the above words, she said that the struggle is continuing, and that freedom is not a gift and is something we fight for on a daily basis. Moving forward, she also underscored that our constitution seeks to dismantle hierarchy. She illustrated the same by citing examples of Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth), 16 (Equality of opportunity in matters of public employment) and 17 (Abolition of untouchability). Right To Speak Out Jaising went on to stress that one of the most important rights is the right to speak out. It is a very powerful tool, she said and added that the right to freedom of speech and expression and the right to organise is the only thing that most of us have. “We're not the descendants of Adanis and Ambanis. They have many many ways in which they can influence governments.... But what you and I can do? We can use our voice inside and outside the Court and it is our powerful voice, it is the work that we do with our feet that gives us the evolution of constitution that we see in today.” Independence Of Judiciary Forming this base, Jaising spoke about the independence of the judiciary. Saying that the judges take an oath of allegiance to the Constitution of India, she posed whether the judges have been faithful to this oath. Answering the same, she said: “In my opinion, in recent years, we have not seen this. We have seen the emergence of an ideology which is considered to be an ideology as over and above the constitution.” She also mentioned how judges have quoted from Vedas and Manusmriti to substantiate their judgments. Jaising opined: “While you say that past is the past, this is my present and future and that is contained in the constitution if India. I have to live by it, I have to die by it but we see now a harking back to 1000 year civilisation…” Elaborating, she said that the courts are bound by the constitution of India. India does not subscribe to the supremacy doctrine of parliament. Saying that no other Country has Article 32 in their constitution, a gift of Dr Ambedkar, Jaising said, “Our fundamental rights have become unenforceable. They have become only an affirmation of political intent and are implemented at the discretion of politicians or judges, which is completely contrary. You see, what is happening in our country, duties are overtaking rights. Everything is now our Kartavya. While I do not deny the importance of duties, can they ever be used to restrict the fundamental rights? The answer is no.” Moving...

Ram Is Not The Idea Of India; Idea Of India Is The Constitution Of India : Senior Advocate Indira Jaising

Gyanvi Khanna

Tags