Judiciary must act as guardian of constitutional conscience: CJI BR Gavai

New Delhi, Oct 23 (IANS) Chief Justice of India (CJI) B.R. Gavai on Thursday said that courts play a far greater role than simply adjudicating disputes, describing the judiciary as a “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 Future Talk Series hosted by the JSW School of Law at the Royal Institute of Management (RIM), CJI Gavai reflected deeply on India’s constitutional evolution and its resonance with Bhutan’s constitutional text.

“Courts are not merely adjudicatory bodies that resolve disputes between parties,” he said, adding that “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 Dechan Wangchuck, President of the JSW School of Law, Chief Justice of Bhutan Norbu Tshering, members of the Bhutanese judiciary, legal scholars, and students.

Calling Bhutan “a living lesson in what an ideal civilisation could be,” CJI Gavai observed that the nation exemplifies “progress in harmony—between human aspiration and nature’s rhythm, between tradition and modernity.”

“Bhutan’s example invites the world to rediscover the art of balanced and compassionate living,” the CJI said, adding that the shared civilizational bond between India and Bhutan is nurtured by a common spiritual inheritance that finds its most eloquent expression in the teachings of Lord Buddha.

In his address, CJI Gavai revisited milestone judgments that shaped India’s constitutional identity. Referring to the Kesavananda Bharati v. State of Kerala judgment, he said the Supreme Court had then ensured that while Parliament could amend the Constitution, it could not alter or destroy its basic structure.

“The decision marked a turning point in constitutional thought, recognising that amendment cannot become destruction, and that the Constitution must preserve its spirit even as it adapts to changing times,” he said.

The CJI added that the “basic structure doctrine” has since been a cornerstone of India’s constitutional philosophy and has inspired courts worldwide. 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 impact of climate change as integral to the expansive interpretation of the right to life.

“This approach compels the State to translate constitutional guarantees into tangible actions,” CJI Gavai said, asserting that rights are meaningful “only when they are enforceable, accessible, and capable of shaping the lived experience of the citizen.”

He emphasised that the legitimacy of courts stems not from coercive authority but from moral integrity.

“Public trust is the judiciary’s most valuable asset,” CJI Gavai said, adding that “Courts earn this trust through transparency, reasoned judgments, and consistent adherence to constitutional principles.”

He stressed that every judicial decision should reflect fairness and moral courage, and said, “When citizens believe that justice will be done without fear or favour, the legitimacy of the entire constitutional system is strengthened.” Concluding his address, the CJI lauded Bhutan’s constitutional commitment to Gross National Happiness, describing it as a constitutional vocabulary that marries justice with joy, rights with responsibilities, and liberty with collective flourishing.

“We share not only a geographical neighbourhood but also a deep commitment to constitutional values, justice, and human dignity. We are, and will continue to be, there for each other: as partners in the pursuit of a fair and compassionate world,” he said.

Saying he would carry “fond memories of Bhutan’s warmth, wisdom, and friendship,” the CJI said, “May our shared commitment to justice and compassion continue to guide our paths forward.”

CJI Gavai concluded his speech with a heartfelt “Kadrinchey la”—Bhutanese for “Thank you.”

--IANS

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