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By Express News Service
Supreme Court of India Justice P S Narasimha today called for the preservation of the independence of the judiciary, warning that democracy did not simply mean the rule of the majority and depends on the protection of individual rights and freedoms. Only a judiciary free of external influences can ensure this, he added.
“…certain values and frameworks need to be followed in a society which confirms equal rights to all citizens,” said Justice Narasimha, adding that the only way to ensure such rights was by upholding the supremacy of the law and the constitution irrespective of majority and minority views.
Hence, said the judge, for true democracy to flourish, the twin concepts of rule of law and constitutionalism were indispensable. “A system which ignores either of the two concepts cannot make much progress,” the justice said.
“If the independence of judiciary is compromised, then the concept of government itself comes under threat,” he added.
The comments are likely to add to the current discussion around ‘uniform civil code’ — or the abolition of community-specific laws on matters such as marriage and inheritance.
The ruling Bharatiya Janata Party has sought to make the abolition of community-specific rules a key plank of its campaign for the 2024 general election. The topic is highly sensitive, as the norms of marriage and inheritance differs considerably from place to place, and community to community, in India.
The public lecture was delivered on the occassion of the award of the Singhvi – Trinity – Cambridge Scholarship Award 2023 to Jai Chander Brunner of the Jindal Global Law School.
Supreme Court of India Justice P S Narasimha today called for the preservation of the independence of the judiciary, warning that democracy did not simply mean the rule of the majority and depends on the protection of individual rights and freedoms. Only a judiciary free of external influences can ensure this, he added.
“…certain values and frameworks need to be followed in a society which confirms equal rights to all citizens,” said Justice Narasimha, adding that the only way to ensure such rights was by upholding the supremacy of the law and the constitution irrespective of majority and minority views.
Hence, said the judge, for true democracy to flourish, the twin concepts of rule of law and constitutionalism were indispensable. “A system which ignores either of the two concepts cannot make much progress,” the justice said.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
“If the independence of judiciary is compromised, then the concept of government itself comes under threat,” he added.
The comments are likely to add to the current discussion around ‘uniform civil code’ — or the abolition of community-specific laws on matters such as marriage and inheritance.
The ruling Bharatiya Janata Party has sought to make the abolition of community-specific rules a key plank of its campaign for the 2024 general election. The topic is highly sensitive, as the norms of marriage and inheritance differs considerably from place to place, and community to community, in India.
The public lecture was delivered on the occassion of the award of the Singhvi – Trinity – Cambridge Scholarship Award 2023 to Jai Chander Brunner of the Jindal Global Law School.
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