SC Has A Mandate To Interfere In Cases Evidencing Deprivation Of Constitutional And Legal Rights: Justice DY Chandrachud

Team SoOLEGAL 27 Nov 2020 3:38pm

SC Has A Mandate To Interfere In Cases Evidencing Deprivation Of Constitutional And Legal Rights: Justice DY Chandrachud

NEW DELHI: While delivering a lecture at a Virtual Conference at the Jindal Global Law School on the occasion of Constitution Day i.e. Nov 26, 2020, Justice DY Chandrachud asserted that “in cases and controversies brought to the Court evidencing a deprivation of Constitutional and legal rights, the Supreme Court of India has not just the power, but the mandate to interfere.”

In the course of his address, he noted, "endowing courts with the expectation that they are the sole repositories of social change is unrealistic. It will breed cynicism of unrealized hopes." He added that there are plenty of cases where the courts can play a vital role in fostering the growth of constitutional and democratic values and that the social action litigation will serve as a powerful tool that can correct the deficiencies in government delivery.

Further while classifying the pointers which shall be considered for filing a petition, he stated that the public-spirited citizens should come forward with the petitions which are narrowly tailored and based on strong evidence and stakeholder’s consultation. Such petitions should represent the voice of those individuals on whose behalf it is brought forward.

He also observed that in the BK Pavitra case, the Supreme Court held that “negative stereotypes regarding the merit and efficiency of Scheduled Castes and Scheduled Tribes which were couched in the seemingly neutral language of the law.”

“The framers of the Constitution realised that in order to uproot caste-based inequality, state intervention in the nature of affirmative action is indispensable,” Justice Chandrachud said while referring to the recent Hathras Rape case which had led the Allahabad High Court to take Suo Moto action after concerning the socio-economic inequalities.

Professor (Dr) C Raj Kumar, founding Vice-Chancellor of Jindal Global University, had rendered the welcome address, and Senior Additional Registrar, Professor (Dr) Upasana Mahanta concluded the session with her remarks.

Tagged: Justice DY Chandrachud   Legal Rights   Virtual Conference   Jindal Global Law School   Indian Constitution   Supreme Court   Allahabad High Court  
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