Majoritarian Tendencies, Whenever and However They Arise, Must Be Tested Against Constitutional Promises : Justice Chandrachud

On the 101st Birth Anniversary of (Late) Mr Yashwantrao Vinshu Chandrachud, the longest-serving Chief Justice of India, Supreme Court, Justice Dr DY Chandrachud, addressed an online seminar organized by Shikshana Prasarak Mandali. Along with Justice D.Y. Chandrachud, Justice U.U.Lalit also marked his presence at the seminar presenting the landmark judgements pronounced by the Late Justice Y.V. Chandrachud.Justice Dr D.Y. Chandrachud's address was on the topic 'Students As Constitution's Vanguards'. He began by quoting Socrates where he described education as 'the kindling of a flame, not the filling of a vessel'. In honour of his father's 101st birth century, he chose to speak about reading the Indian Constitution. At the very outset, he paid homage to Dr Babasaheb Ambedkar, the architect of the Indian Constitution. He referred to Dr Ambedkar as 'most prominent anti-caste advocate in India'. He revisited Dr Ambedkar's early struggles of gaining access to education, having belonged to an untouchable Dalit caste. He revisited his journey to gaining 26 degrees and titles and becoming one of the most highly educated individuals in his generation. He further added,"He significantly struggled to gain access to even primary education. His foremost memories of his schooling are of humiliation & segregation; when he had to attend his classes sitting outside the classroom and ensuring that he did not touch the notebooks and water that belonged to the upper-caste student."He said that Babasaheb's education was not a vehicle for his self-advancement but left its imprints in transforming the potential of the Indian Constitution. He provided the oppressed class with the 'necessary vocabulary' and aspirations to push back against the denigrating structures of caste and patriarchy. While reminding the students that the privilege of education as we enjoy today are the fruits of our ancestors' oldest struggles and dreams, he also remembered the contribution of Savitri Bai Phule, Jyoti Bai Phule, Nelson Mandela and Malala Yousfzai for their radical quest for education.He expressed his firm belief in student's potential at heralding progressive politics and cultures by using their formative years to question the existing systems and hierarchy. He noted,"The Constitution gives you the right and duty to question. Your education gives you the ability not to accept the way things have been and continue in the society".He goes back to remembering his father, who used to say, "My Oxford was Nutan Marathi Vidyalay," on being asked for his command of English literature.Justice D.Y. Chandrachud remembered the history of student movements back to the formation of the Academic Association in 1828 in undivided Bengal's Hindu College. He also accredited propelling of liberal thinking in India to the Young India Group of Free Thinkers contribution to the Bengal Renaissance in the 19th Century. He reminded of the brave pursuit of justice by students against colonial rule,"Student Movements were key actors and mass participants in the Indian Freedom Struggle. They went on to assume leadership positions in the 1920 Non Cooperation Movement, 1930 Civil Disobedience Movement and 1940 Quit India Movement."He praised the unparalleled idealism and optimism of the younger generation, giving the Independence Movement's example and the coming of Universal Adult Franchise in India.He brought attention to bringing civil and liberties, substantive equalities and the fundamental freedoms of speech and expression as Fundamental Rights within the Constitution of India. He revisited the goals of the Constitution enumerated in the Directive Principle of State Practices. He noted the guarantee of seeking remedy through Courts as,"It is often assumed that the inability of a person to rush to Courts seeking enforcement of the goals enumerated in the Directive Principle of State Policy is a proof of their irrelevance. However, a study of the Constitution and its finely contested structures reveal that these goals are to serve as the pedagogical structure of future governance to enable their progressive realization."He emphasized the need to study Constitutional History and engage with the framework as the country enters its 71st year of Constitutional Republic. He referred to the Constitution as a 'north star' offering a benchmark to judge the conformity of every state action or inaction in times of peace or crisis, irrespective of the electoral legitimacy of the government.He looked back into the mammoth task of achieving statehood as a post-colonial economy with semi-feudal conditions had to modernize its economic relations. He referred to the task of forming a national identity as 'indescribably complex' given the lack of a common ethnicity uniting its people. He observed that in a melting pot of cultures, the premise of a democratic nation-state could be truly tested.He remembered the promise of commitments and entitlements to every citizen reiterating the...

Majoritarian Tendencies, Whenever and However They Arise, Must Be Tested Against Constitutional Promises : Justice Chandrachud

Shrutika Pandey

"The danger to your freedoms may originate from those who are tasked to govern, but they may also originate in the intolerance in the society as well. The Constitution provides you, both with a shield and a guard", Justice Chandrachud said.

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