Former CJI Chandrachud Highlights Supreme Court's Role in Shaping India's Future
In a significant address in Chennai, former Chief Justice of India D Y Chandrachud declared on Friday that several recent and pending Supreme Court judgments on contemporary issues hold the potential to profoundly reshape the way forward for India. His remarks underscore the enduring influence of constitutional interpretation on the nation's social and legal trajectory.
Substantive Due Process: Beyond Legal Procedure
The former CJI elaborated on the doctrine of substantive due process, noting that while rooted in constitutional text, it has expanded through judicial interpretation. This evolution allows courts to test not only the legality of laws but also their fairness and impact on individuals. "The Constitution does not assume that power is justified merely because it follows procedure," Chandrachud asserted, emphasizing that courts must scrutinize whether state action respects dignity and justice.
He pointed out a global trend where courts are increasingly questioning whether laws are arbitrary, disproportionate, or unjust in their effects, even when they are validly enacted. This approach, he argued, is crucial for ensuring that governance aligns with core constitutional values.
Relevance of Laws in Changing Social Contexts
Chandrachud further emphasized that "Laws are often products of their time but can outlast the social conditions that shaped them." In such instances, he stated, courts have a vital role in determining whether these laws remain relevant or just in the present context. This perspective challenges the notion of static legal frameworks and advocates for dynamic interpretation.
He cautioned against viewing constitutional adjudication through the narrow lens of judicial activism versus restraint. Instead, he described it as a deeper exercise where courts assess whether the exercise of state power can be justified based on its real impact on people's lives.
Centrality of Substantive Due Process in Governance
The former CJI affirmed that the doctrine of substantive due process remains central to constitutional governance. It ensures that democratic power is not only lawfully exercised but also meaningfully justified, fostering a system where authority is accountable to the people.
Chandrachud made these observations during the launch of advocate Kavitha Rameshwar's book, 'They Created a Nation: The Omnipresence of Due Process in the Indian Constitution'. The event saw Supreme Court judge R Mahadevan launching the book, with the first copy received by Chandrachud, highlighting the judicial community's engagement with these critical themes.
