At Bhutan’s “Wisdom for Future” Series, the Chief Justice Emphasizes
Judiciary’s Role as the Moral Conscience of Democracy
Thimphu, Bhutan | October 24:
Delivering the keynote address at the Fifth “Wisdom for Future” Talk Series
organized by the Jigme Singye Wangchuck School of Law at the Royal
Institute of Management Convention Hall, Thimphu, Chief Justice of India
Dr. B.R. Gavai underscored how India’s Basic Structure Doctrine has
evolved into a global constitutional benchmark, guiding courts around the
world in preserving democratic integrity and constitutional supremacy.
“The significance of the Basic Structure Doctrine extends far beyond India’s
borders,” Chief Justice Gavai remarked. “Nations across the world have drawn
inspiration from it to reinforce constitutional supremacy and safeguard core
democratic values.”
The distinguished gathering included Her Royal Highness Princess Sonam
Dechan Wangchuck, President of the JSW School of Law, Chief Justice
Norbu Tshering of Bhutan’s Supreme Court, and members of the judiciary,
academia, and student community.
India and Bhutan: A Shared Constitutional Ethos
CJI Gavai began his address by expressing heartfelt appreciation for Bhutan’s
hospitality, describing it as a “nation that harmonizes tradition and
modernity, progress and peace.” He drew attention to the shared spiritual and
philosophical foundations between India and Bhutan, rooted in the teachings
of Lord Buddha, and reflected on how both countries uphold compassion and
balance as guiding constitutional values.
“Our relationship is beyond borders and centuries,” he said. “It is nurtured
by a common civilizational spirit—one of mutual trust, goodwill, and shared
progress.”
He emphasized that the India–Bhutan partnership transcends economic
cooperation, embracing sectors such as education, energy, culture, and
technology, united by a commitment to democratic governance and
constitutional dialogue.
Courts as the Moral Conscience of the Constitution
Reaffirming the judiciary’s central role in constitutional democracies, the
Chief Justice observed that courts are not mere arbiters of disputes but serve
as guardians of constitutional morality.
“The judiciary stands as both a guardian and moral conscience of the
Constitution,” he said. “Its duty is not confined to interpretation; it gives life
to the Constitution by maintaining equilibrium among the organs of the
State.”
He highlighted that constitutional governance depends not only on the text of
the law but on the integrity, independence, and wisdom of the institutions
that interpret and enforce it.
India’s Basic Structure Doctrine: A Global Legacy
Tracing the doctrine’s origin to the landmark Kesavananda Bharati v. State
of Kerala (1973) judgment, CJI Gavai described it as “a turning point in
India’s constitutional journey.” He noted that the Supreme Court’s ruling—
holding that Parliament may amend but not destroy the Constitution’s
essential features—preserved the rule of law, separation of powers, and
judicial independence as immutable principles.
“The judgment acknowledged that while a Constitution must evolve with time,
it must never lose its soul,” he said.
Citing the 2015 decision striking down the National Judicial
Appointments Commission (NJAC) Act, Justice Gavai said the ruling
reaffirmed that judicial independence is intrinsic to the basic structure and
cannot be compromised by executive overreach.
He observed that the doctrine’s influence now extends to constitutional courts
across South Asia, Africa, and beyond, fortifying global democratic
resilience.
Balancing Liberty and Social Justice
The Chief Justice lauded the Indian judiciary’s ability to harmonize
Fundamental Rights with Directive Principles of State Policy, citing
Minerva Mills v. Union of India (1980) as a seminal precedent.
“This delicate balance between liberty and responsibility ensures that
democracy remains not only free and fair but also compassionate and just,”
he said.
Referring to the Right to Privacy judgment (2017), he noted that
constitutional interpretation must continuously protect individual dignity
even as the State pursues welfare goals.
Article 21: The Living Soul of the Constitution
Describing Article 21 as the embodiment of the Constitution’s evolving spirit,
Justice Gavai traced its journey from a narrow reading in A.K. Gopalan
(1950) to its expansive scope in Maneka Gandhi (1978).
Today, Article 21 encompasses a broad range of rights—education, health,
shelter, clean environment, and privacy—demonstrating the judiciary’s
adaptability in safeguarding human dignity.
“These judgments reveal that life is not about mere existence but about living
with dignity,” he emphasized.
Public Interest Litigation: A Tool for Social Transformation
Highlighting Public Interest Litigation (PIL) as one of India’s most
transformative judicial contributions, CJI Gavai observed that it redefined
access to justice by giving voice to the marginalized.
He cited landmark cases such as M.C. Mehta v. Union of India (1987) on
environmental protection and Bandhua Mukti Morcha v. Union of India
(1984) on bonded labour, calling them milestones in expanding the judiciary’s
reach.
He also noted judicial interventions in electoral reforms—mandating
criminal disclosures, introducing NOTA, and striking down electoral
bonds—as examples of the judiciary’s continuing vigilance over democratic
transparency.
Equality, Gender Justice, and Social Inclusion
Justice Gavai underscored the judiciary’s role in advancing gender equality
and non-discrimination, referencing Vishaka v. State of Rajasthan (1997),
Anuj Garg (2008), Babita Puniya (2020), and Lt. Col. Nitisha (2021) as
milestones in gender jurisprudence.
He also commended the recent Sukanya Shantha v. Union of India (2024)
decision, which abolished caste-based discrimination in prison labour,
describing it as a step toward dismantling structural inequalities.
Bhutan’s Constitutional Vision and Shared Learning
Commending Bhutan’s constitutional model, the CJI praised its Gross
National Happiness framework as “a constitutional vocabulary that marries
justice with joy, rights with responsibilities, and liberty with collective
flourishing.”
He observed that Bhutan’s constitutional guarantees of equality, due
process, and humane treatment echo the values that guide Indian
constitutional interpretation.
“Our two countries share the belief that dignity is inviolable and justice is a
shared human pursuit,” he said.
Public Trust: The Judiciary’s Greatest Strength
Concluding his address, Chief Justice Gavai reminded that a judiciary’s
legitimacy flows not from coercive authority but from public confidence.
“Public trust is the judiciary’s most valuable asset—it transforms judgments
into instruments of social conscience,” he remarked.
He urged judges to view themselves as educators of constitutional literacy,
emphasizing that every judicial decision contributes to public understanding
of democracy.
Expressing gratitude to Her Royal Highness Princess Sonam Dechan
Wangchuck, CJI Gavai reaffirmed India’s commitment to deepening judicial
cooperation with Bhutan.
“We share not only geographical proximity but a common vision of justice,
dignity, and compassion. Our partnership will continue to strengthen
constitutionalism in our region,” he concluded, ending with the Bhutanese
phrase, “Kadrinchey la”—Thank you.
