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New Delhi, Oct 23 (IANS) Chief Justice of India (CJI) BR Gavai on Thursday said courts play a bigger role than just adjudicating on disputes, calling the judiciary the “moral conscience of the Constitution” responsible for safeguarding democracy, protecting fundamental rights and ensuring accountability of power.
Delivering a lecture on “Courts and Constitutional Governance” during the Fifth Wisdom for the Future Talk Series organized by JSW School of Law at the Royal Institute of Management (RIM), CJI Gavai delved into India’s constitutional evolution and its resonance with the constitutional text of Bhutan.
“Courts are not merely judicial bodies that adjudicate disputes between parties,” he said, “they are vital organs of constitutional governance that safeguard the rule of law, protect fundamental rights and ensure that every exercise of power remains accountable to constitutional principles.”
The event was attended by Princess Sonam Dechen Wangchuck, Chairperson of JSW School of Law, Norbu Tshering, Chief Justice of Bhutan, members of the Bhutanese judiciary, legal scholars and students.
Calling Bhutan “a living lesson of what an ideal civilization can be”, CJI Gwaii said the nation exemplifies “progress in harmony between tradition and modernity, between human aspiration and the rhythms of nature”.
“Bhutan’s example invites the world to rediscover the art of living a balanced and compassionate life,” the CJI said. He said that the shared civilizational bond between India and Bhutan is nurtured by a common spiritual heritage that finds its clearest expression in the teachings of Lord Buddha.
In his address, CJI Gavai revisited the landmark judgments that have shaped India’s constitutional identity. Referring to the decision in Keshavananda Bharati vs State of Kerala, he said the Supreme Court had then maintained that Parliament can amend the Constitution, but it cannot alter or destroy its basic structure.
“This decision marks a turning point in constitutional thought, recognizing that amendment cannot become destruction, and that the Constitution must retain its spirit while also adapting to changing times,” he said.
The CJI said that the “Basic Structure Doctrine” has since been the cornerstone of India’s constitutional philosophy and has inspired courts around the world. He listed rights such as free legal aid, speedy trial, education, health, shelter, clean air and water, privacy and even the right against the adverse effects of climate change as integral parts of the broader interpretation of the right to life.
“This approach forces the state to translate constitutional guarantees into concrete actions,” CJI Gavai said. He said that rights are meaningful only when they are enforceable, accessible and capable of shaping the life experience of the citizen.
He emphasized that the legitimacy of courts arises not from coercive authority but from moral integrity.
“Public trust is the most valuable asset of the judiciary,” CJI Gavai said, adding that courts earn this trust through transparency, reasoned decisions and consistent adherence to constitutional principles.
He stressed that every judicial decision must reflect impartiality and moral courage, and said, “When citizens have confidence that justice will be administered without fear or favor, the legitimacy of the entire constitutional system is strengthened.” Concluding his address, the CJI lauded Bhutan’s constitutional commitment to gross national well-being, describing it as a constitutional vocabulary that links justice with happiness, rights with responsibilities and freedom with collective prosperity.
He said, “We share not only a geographical neighbourhood, but also a deep commitment to constitutional values, justice and human dignity. We are and will remain there for each other as partners in the pursuit of a fair and compassionate world.”
Saying that he would carry with him “fond memories of Bhutan’s warmth, intelligence and friendship”, the CJI said, “Our shared commitment to justice and compassion will continue to guide our paths forward.”
CJI Gwai ended his speech with a heartfelt “Kadrinchi La”—“Thank you” in the Bhutanese language.
–IANS
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