CJI Chandrachud Stirs Controversy with Views on 'Constitutional Morality'

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In a recent address, Chief Justice of India D. Y. Chandrachud emphasized the crucial role of 'Constitutional Morality' in safeguarding India's diverse fabric and ensuring inclusive justice delivery. 

  

Promoting Diversity and Inclusion in Judicial Practices:-

During his keynote at the East Zone II Regional Conference of the National Judicial Academy, CJI Chandrachud underscored the judiciary's responsibility to uphold diversity, inclusion, and tolerance within the legal framework. He stressed the judiciary's commitment to maintaining India's federal structure, characterized by its rich diversity. 

  

The Concept of 'Constitutional Morality’:- 

Constitutional morality refers to the principles and values that underlie a constitution and guide the actions of both the government and the citizens.

The concept was first proposed by the British Classicist George Grote in the 19th century, who described Constitutional Morality as a "paramount reverence for the forms of the Constitution."

In India, the term was initially used by Dr. B.R. Ambedkar. 

 


CJI Chandrachud views  

Chief Justice Chandrachud explained the concept of 'Constitutional Morality' as a limiting factor on the State, which should be based on the values outlined in the Constitution's Preamble he emphasized its role as a check on state actions, promoting values enshrined in the Constitution. He emphasized the federal structure of the country, characterized by significant diversity, and emphasized the role of judges in preserving India's diversity. 

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 Addressing concerns over judicial independence, CJI Chandrachud asserted the necessity for judges to decide impartially, free from external influences. He rejected any notion of judicial bias or interference in delivering justice. 

  

"I am hesitant when people refer to courts as temples of justice because that would imply that judges are deities, which they are not. Instead, they are public servants who deliver justice with compassion and empathy," said CJI Chandrachud at the conference titled 'Contemporary Judicial Developments and Strengthening Justice Through Law and Technology.' 


Recognizing the transformative potential of technology, CJI Chandrachud advocated for its integration into the judicial process. He highlighted initiatives like AI-assisted translations of 37000 old Supreme Court judgments and digitized access to legal documents and Supreme Court judgements, aiming to enhance transparency and accessibility. 

  

Support from West Bengal Chief Minister Mamata Banerjee 

West Bengal CM Mamata Banerjee echoed CJI Chandrachud's sentiments, emphasizing the judiciary's sacred duty to uphold justice without political bias. She underscored the judiciary's pivotal role in safeguarding democracy and the Constitution. 

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"
The judiciary should be pure, honest, and sacred.
I believe that the judiciary is of, by, and for the people. If the judiciary cannot deliver justice to the people, who can? It’s the ultimate frontier for getting justice and the last recourse to save our country’s democracy and our Constitution," Ms Banerjee said
  


Conclusion 

 The conference, attended by legal luminaries including Chief Justice of Calcutta High Court T.S. Sivagnanam, served as a platform to discuss contemporary judicial challenges and advancements. It highlighted the judiciary's evolving role in embracing technology while upholding constitutional values. 

By emphasizing 'Constitutional Morality' and advocating for technological integration, CJI Chandrachud reaffirmed the judiciary's commitment to delivering impartial justice and preserving India's pluralistic ethos. His address underscored the judiciary's pivotal role in maintaining societal harmony and upholding democratic principles. 

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