CJI Chandrachud: Constitutional Courts Provide Democratic Space for Reasoned Dialogues in Times of ‘Fractured Polities’

Chief Justice of India (CJI) DY Chandrachud recently highlighted the critical role of constitutional courts in fostering democratic dialogue, especially during periods of political fragmentation. Speaking at the South Asian Constitutional Courts conference, CJI Chandrachud emphasized that constitutional courts are not just venues for legal adjudication but also spaces where reasoned and inclusive dialogues take place, contributing to the stability and integrity of democratic institutions.

Key Points from CJI Chandrachud’s Address:

1. Role of Constitutional Courts:
   CJI Chandrachud underscored that constitutional courts provide a platform for reasoned debates and dialogues, which are crucial in times of political and social discord. These courts help mediate and resolve conflicts by ensuring that all voices, especially those of marginalized communities, are heard and considered.
2. Addressing Ambiguity and Uncertainty:
   He noted that constitutional mechanisms, including the judiciary and election commissions, must be vigilant and proactive in addressing situations of ambiguity and uncertainty. This vigilance is essential to maintaining the legitimacy and functionality of governance institutions (Law Chakra).
3. Promoting Inclusion and Diversity:
   CJI Chandrachud highlighted the importance of inclusion and diversity within the judiciary. He stressed that courts must engage in comparative constitutional processes with neighboring countries to refine laws and ensure they are responsive to the cultural and societal contexts (Hindustan Times).
4. Judicial Independence:
   The CJI reiterated the importance of judicial independence, stating that courts must remain robust and impartial institutions. This independence is crucial for maintaining public confidence in the judiciary and ensuring that justice is administered without bias or influence (India Today).

Implications:

CJI Chandrachud’s remarks reflect a broader commitment to strengthening democratic processes through the judiciary. By fostering inclusive and reasoned dialogues, constitutional courts can help mitigate conflicts and promote a more stable and equitable society.