Principles Of Democracy & Judicial Review Intertwined, Both Form Core Of Basic Structure Of Constitution : Justice BR Gavai

Justice BR Gavai, judge of the Supreme Court, delivered a lecture on the topic "75 years of Transformative Constitutionalism" at the Columbia Law School on March 26.The lecture was organized by CEDE, the American Constitution Society, the Center for Constitutional Governance, and the Institute for Comparative Literature and Society.In his, Justice BR Gavai discussed how the Indian Constitution reflects a transformative intent and how this intent has been upheld by the legislature and the Supreme Court of India. He outlined the concept of transformative constitutionalism as articulated by constitutional scholar Karl Klare, emphasizing its commitment to transforming political and social institutions towards democratic, participatory, and egalitarian ideals."While democracy needs to be protected and upheld at all times by the people, the courts play a seminal role in reinforcing the supremacy of the Constitution and determining the validity of legislative and executive actions on the touchstone of the principles of the Constitution. The principles of democracy and judicial review are intertwined and complementary. These form the core of the basic structure of the Constitution," Justice Gavai said.Justice Gavai highlighted the transformative intent of the Indian Constitution, noting its shift from an unequal society to one that upholds justice, equality, and dignity for all. He discussed the importance given to provisions of equality, liberty, and fraternity, and how the Constitution addresses issues such as caste discrimination, gender discrimination, and untouchability.Regarding legislative enactments, Justice Gavai mentioned several laws enacted to uphold constitutional ideals and secure the rights of vulnerable and marginalized sections of society, such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Rights of Persons with Disabilities Act, 2016.In terms of judicial pronouncements, Justice Gavai discussed how the Supreme Court has interpreted the Constitution broadly, expanding the scope of fundamental rights and upholding principles of non-discrimination and equality. He mentioned landmark cases such as Maneka Gandhi v. Union of India, Navtej Singh Johar v. Union of India, and cases related to affirmative action and reservation policies.Overall, Justice Gavai underscored the transformative potential of the Indian Constitution and the role of the Supreme Court in upholding its ideals in a dynamic and evolving society.Prof. Madhav Khosla and Disha Wadekar also spoke at the event.The full text of the lecture can be read here :It is an honour for me to be invited to Columbia Law School. I was particularly interested in visiting Columbia University, as this University has a special place in the heart of Indians. Dr BR Ambedkar, who is considered the chief architect of the Indian Constitution, pursued his MA and PhD at Columbia. In his honour, a bust is installed in a library at Columbia University. As I said on 28th of January 2024, i.e., the beginning of the diamond jubilee of the Supreme Court of India, it is only because of Dr. Ambedkar and the Constitution of India that I have reached this position. I have been told that there is also a BR Ambedkar Chair at Columbia Law School. The topic for my lecture today is “75 Years of Transformative Constitutionalism”. I will be speaking in three heads to traverse the path of transformative constitutionalism marking the 75 years of the Indian Constitution. I will begin with how the Indian Constitution reflected a transformative intent. I will then discuss the legislature's commitment to uphold the same through some of its enactments. Lastly, I shall deal with how the Supreme Court of India has upheld the ethos of transformative constitutionalism through its judicial pronouncements in various realms. Before I delve into the lecture, I will briefly discuss what I understand by transformative constitutionalism. The meaning of transformative constitutionalism is traced back to the connotation given by constitutional scholar Karl Klare, as “a long-term project of constitutional enactment, interpretation, and enforcement committed to transforming a country's political and social institutions and power relationships in a democratic, participatory, and egalitarian direction”. The transformational value of the Constitution is neither limited to ending colonial oppression nor is it concluded with specific socio-economic objectives. Instead, it is a perpetual ideal, a mindset that fosters an environment where dialogue and debate thrive, novel ways of existence are continuously explored and forged, embraced and challenged, and where change remains unpredictable, yet the concept of change persists. Dr. Ambedkar considered the Constitution as a weapon for bloodless revolution. I will now talk about the transformative intent of the Indian...

Principles Of Democracy & Judicial Review Intertwined, Both Form Core Of Basic Structure Of Constitution : Justice BR Gavai

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