Judges go by Constitutional morality
By CJI D Y Chandrachud (4
Nov 2023)
Judges don’t go by popular morality, but by constitutional
morality. Constitutional morality consists of those values of the constitution
that the courts are intended to espouse such as fraternity, human dignity,
personal liberty and equality.
“Judges don't look at how society would respond when they decide
cases, that's exactly the difference between the elected arms of government
& the judiciary,” he said
While the elected
arm of governance is intended to be responsive to the people, judges need to
follow Constitutional morality.Courts are a platform for engagement, where
people feel that they will atleast have a space to exchange views and ideas to
produce a new synthesis of change within society, he added.
“There
is a dividing line between what the legislature can and cannot do. If a
judgment points out a deficiency in the law, it is open to the legislature to
enact a fresh law to cure the deficiency. What the legislature cannot do is to
overrule a judgment. But this is not happening for the first time. This has
been happening in the tax arena. Validating acts are perfectly permissible, but
directly overruling a judgment is completely impermissible,"
“We can’t profess to be right. We are final not because we are right, but we are right because we are final.The work we do is open to criticism and broader social dialogue,”
QUOTE FROM :
CJI DY CHANDRACHUD SPEECH
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