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On rights, SC has mandate to intervene: Justice DY Chandrachud

He also remarked that the present pandemic situation had raised several pertinent questions, including on the role of the courts in the realisation of liberal, democratic, and Constitutional values.

Published: 27th November 2020 02:57 AM  |   Last Updated: 27th November 2020 09:04 AM   |  A+A-

Justice DY Chandrachud. (File Photo | PTI)

By Express News Service

NEW DELHI: The Supreme Court has not just the power but also the mandate to interfere in cases and controversies involving deprivation of Constitutional and legal rights, asserted Justice DY Chandrachud.

Justice Chandrachud while delivering a lecture on the occasion of Constitution Day at a virtual conference by Jindal Global Law School, said, “Endowing courts with the expectation that they are the sole repositories of social change is unrealistic. It will breed cynicism of unrealised hopes.” However, there are cases where the courts can play a vital role in fostering the growth of Constitutional and democratic values, he said.

“In cases and controversies brought to the court evidencing a deprivation of Constitutional and legal rights, The Supreme Court of India has not just the power, but the mandate to interfere,” Justice Chandrachud said.

He also remarked that the present pandemic situation had raised several pertinent questions, including on the role of the courts in the realisation of liberal, democratic, and Constitutional values.

He added that public-spirited citizens need to bring forward petitions that are well focused and narrowly tailored, based on strong evidence, broad stakeholder consultation, and genuinely representing the voices of those on whose behalf it is brought forward.

“The framers of the Constitution realised that in order to uproot caste-based inequality, state intervention in the nature of affirmative action is indispensable,” Justice Chandrachud said while referring to the Hathras rape incident which had led Allahabad HC to register a suo motu case after concerns of soci0-economic inequalities were raised.

Professor (Dr) C Raj Kumar, founding V-C of Jindal Global University said, “There is a delicate and critical relationship between Constitutionalism, liberal democracy and enlightened citizenship.”

The session also saw renowned legal scholar, Prof (Dr) Upendra Baxi render Presidential address.



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