Shilpi Nama
On 16th June 2025, Chief Justice of India BR Gavai, speaking at the University of Edinburgh, highlighted the vital role of constitutional courts in upholding democracy and protecting citizens’ rights. He underscored the judiciary’s responsibility as the guardian of the Constitution, highlighting how the Supreme Court has consistently acted to maintain the constitutional framework.
This has involved striking down legislative amendments and laws that infringe upon the Constitution’s basic structure or exceed the permissible scope of legislative powers. While cautioning that such judicial powers must be exercised judiciously and only in rare circumstances, CJI Gavai made it clear that the courts must act decisively when either the executive or the legislature fails to uphold citizens’ rights.
CJI Gavai also shared his confidence in the new generation of legal professionals, noting their readiness to take on modern challenges. He praised young lawyers for embracing technology and being proficient in legal research, qualities that enhance the delivery of justice in an increasingly complex legal landscape.
Joining him at the session, Justice Vikram Nath of the Supreme Court elaborated on the progressive interpretation of the Constitution. He emphasized that the Constitution’s written word has expanded in scope to uphold the true meaning of individual freedoms. As a notable example, he referred to the Supreme Court’s landmark decision to recognize the right to privacy as a fundamental right—an essential protection in a digital age where personal freedom is closely tied to data privacy.
Justice Nath also touched on gender diversity in the judiciary, stating that women’s representation is improving steadily. He observed that in several states, women constitute over 50% of newly appointed judicial officers, and projected that within 10 to 15 years, women will achieve equal representation in the higher judiciary, including High Courts and the Supreme Court.
The event, moderated by Dr. Deval Desai and concluded by Advocate-on-Record Tanvi Dubey, reflected the judiciary’s ongoing commitment to constitutional values, human rights, and inclusive growth within the legal system.
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