New Delhi: Former Supreme Court Justice Abhay S. Oka recently spoke at BML Munjal University's School of Law. He explained how democracy, the Constitution, and courts work together in India. Justice Oka highlighted that even elected governments must always follow the Constitution. He stressed that courts play a vital role in ensuring this balance and protecting people's rights.
Governments Must Follow the Rules
Justice Oka told students and teachers that governments chosen by the people through elections get their power from these votes. This is called 'democratic legitimacy'. However, he made it clear that winning an election does not mean a government can do anything it wants. It must always stay within the limits set by the Indian Constitution.
He explained, "A popular mandate does not automatically guarantee that a government will remain within the four corners of the Constitution." This means that even if many people vote for a government, it still has to obey every rule written in the Constitution. The Constitution is the supreme law of the land, and no government can go against it.
Courts: Not Against Progress, But Keep Checks
Justice Oka also corrected a common misunderstanding: that courts slow down development or progress. He strongly argued that the courts' job of checking laws is very important. This helps keep the 'balance of power' that the Constitution creates. In simple words, the Constitution divides power among different parts of the government – the government (Executive), the law-making body (Legislature), and the courts (Judiciary).
The courts make sure that each part of the government stays within its own area and does not take over the powers of another. This system of checks and balances prevents any one part from becoming too powerful.
Justice Oka stated, "The judiciary's (court system's) role is to make sure the government follows the rules exactly as written in the Constitution. Basically, the courts must always hold the government accountable and check its power." This means courts ensure the government is answerable for its actions and respects constitutional limits.
Big Challenges Facing India
During his talk, Justice Oka pointed out several serious problems that India faces. These issues often show how difficult it is to make sure everyone's rights are protected and that justice is available to all. The main issues he listed were:
- Pollution and Environmental Damage: Problems like dirty air and water, and harm to nature.
- Human Rights Ignored: Cases where people's basic rights, like the right to live with dignity, are not respected.
- Difficulties in Getting Justice: The everyday problems ordinary people face when they try to get a fair solution from the justice system. It can be slow or hard to access.
Importance of Article 21 and Unchallenged Violations
Justice Oka spoke about Article 21 of the Indian Constitution. This Article is very powerful and guarantees a person's fundamental right to life and personal freedom. It means every person in India has the right to live with dignity, clean environment, and personal liberty, unless a law specifically takes it away through a fair process.
Despite this strong protection, he noted that many times, violations of these basic rights are never challenged in court. This could be because people do not know their rights, cannot afford legal help, or face other difficulties in approaching the justice system. He indirectly highlighted the need for greater awareness and easier access to courts for common citizens.
Why This Matters to Students
Understanding these points is very important for young citizens like you. It helps you know your rights and how India's democratic system works. Knowing the role of the Constitution and courts helps you become informed citizens who can contribute to a stronger, fairer India.
