Majoritarianism and populism cant abdicate constitutionalism: Ex-CJI Dipak Misra


Majoritarianism and populism cant abdicate constitutionalism: Ex-CJI Dipak Misra

NEW DELHI: School of Law, Sharda University, has organized a virtual national seminar on Role of Judiciary on Upholding Constitutionalism to appreciate the concept of constitutionalism, understand the role of judiciary in upholding constitutionalism, discuss challenges faced by courts in upholding rule of law and provide insights upon emerging issues.

Former CJI Dipak Misra, was chief guest in the inaugural session and Justice Indira Banerjee, Supreme Court, as the chief guest in the valedictory session. Chancellor P.K. Gupta, Prof. Pradeep Kulshrestha, dean and P. K. Malhotra, shared views on constitutionalism.

Ex CJI Misra mentioned that there must be equilibrium between the legislative power and judicial power and he asserted that majoritarianism and populism cannot dictate constitutionalism. He elaborated that the basic function of constitutionalism is to uphold the constitutional morality. According to him, the role of judiciary is paramount to protect basic tenants of democracy and our constitution is a compassionate, organic and living document. He said that the role of the judiciary in the formation of government through floor test is relevant. He talked about different variants of constitutionalism, i.e. egalitarian constitutionalism, transformative constitutionalism and progressive constitutionalism.

Justice Banerjee, opined that the biggest democracy of the world through its constitution has paved way for social change. She said, the authority of the government in India is limited by the constitution. And the Indian Constitution is a judicially protected constitution with a blend of localism. Justice Banerjee further contended that the constitution is meaningless unless those who is responsible for making it functional is not following the Constitutionalism as Judiciary has its own limitations, i.e. Judiciary cannot make laws.

Prof. Pradeep Kulshrestha apprised that judiciary plays an important role in maintaining the Constitutionalism and SOL regularly organise such events for the holistic approach about teaching, learning. Mr PK Gupta, chancellor, has devised new methods of teaching and learning; be it holding seminars, moot court competitions and public domain areas. He asserted that the Constitution has declared both men and women as equal and this with other constitutional principles have been adopted fully by Sharda University.


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