Supreme Court central to a transformative Constitution; has to act as its custodian: Justice BR Gavai

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Synopsis

"I was particularly interested in visiting Columbia University, as this University has a special place in the heart of Indians. Dr BR Ambedkar, who is considered the chief architect of the Indian Constitution, pursued his MA and PhD at Columbia", Justice Gavai said at the very beginning of his lecture

Yesterday, Justice BR Gavai, judge, Supreme Court of India delivered a lecture at Columbia Law School on the topic "75 Years of Transformative Constitutionalism".

In his lecture, the supreme court judge said since its inception, the Indian Constitution has been hailed as a transformative document and it is the duty of the courts to ensure that the law remains relevant amid shifting societal norms, and when faced with multiple interpretations.

"Central to this transformative ethos is the role of the Supreme Court, which has to act as the custodian of the Constitution and the ultimate arbiter of justice.", he added.

Speaking about the courts seminal role in reinforcing the supremacy of the Constitution and determining the validity of legislative and executive actions on the touchstone of the principles of the Constitution, Justice Gavai referred to the recent judgment of Electoral Bonds case.

"In a very recent judgment on the validity of anonymous electoral bonds, the Supreme Court held that disclosure of information on electoral bonds to the voter cannot be restricted on the grounds of the informational privacy of the financial contributions to political parties. The expansion of the freedom to speech and expression under Article 19(1)(a) to include the right to information is a crucial recognition for the citizenry to effectively participate in the elections, which, in turn, is an intrinsic feature of democracy", he said.

On the development of the concept of PIL, he said that it is a legal mechanism that allows any citizen to approach the constitutional courts and seek redress for matters that impact public interest.