Chief Justice of India (CJI) DY Chandrachud emphasized the pivotal role played by Election Commissions and Supreme Courts in the operation of Constitutional mechanisms and institutions within the Constitutional framework. Addressing the South Asian Constitutional Courts conference in Bangladesh, CJI Chandrachud underscored the importance of these institutions rising to the occasion during moments of ambiguity and uncertainty.
In his keynote address, CJI Chandrachud asserted that unlike statutes such as the Income Tax Act, the legitimacy of the governance institution relies on the effective functioning of bodies like the Supreme Court and Election Commission. He called for these institutions to respond adeptly to situations marked by uncertainty and ambiguity.
Highlighting the need for a comparative constitutional process among the higher judiciary in South Asia, CJI Chandrachud suggested that such interactions would enhance the testing of laws in the context of neighboring countries. He emphasized the significance of recognizing public spaces as areas where discrimination occurs, considering the cultural context. Additionally, he stressed the importance of courts demonstrating a commitment to inclusion and diversity.
CJI Chandrachud commended the dialogues between courts in South Asian countries, describing them as a testament to the judicial camaraderie they share. He pointed out how these exchanges help contextualize constitutional histories, especially in overcoming the graded inequalities entrenched in the colonial legal system.
The Chief Justice spoke about the transformative impact of democracy and the rule of law on the growth of both India and Bangladesh. Reflecting on the framing of the Indian Constitution, he noted that its adoption did not immediately eliminate inequality. He highlighted the role of the Constitution in recognizing citizens’ rights and establishing writs-issuing courts to address legitimate concerns. In conclusion, CJI Chandrachud expressed gratitude for the invitation, concluding with the sentiments “Joy Bangla, Jai Hind.” The event was attended by Bangladesh Prime Minister Sheikh Hasina.
