Law is an aspiration for change: Justice Chandrachud
The Hindu
“Law is an aspiration for change and the answers one gets are based on how the discourse is framed,” said Justice D Y Chandrachud, who is slated to become the Chief Justice of India in November, during a lecture titled ‘India@75’ in London.
The inaugural lecture, organised at the London School of Economics (LSE) as a collaboration between the National Indian Students and Alumni Union (NISAU) UK and LSE South Asia Centre on Wednesday, included the Supreme Court judge tracing the role of the courts in India.
He described the Supreme Court’s decisions as “aspirational” and said, “External dissonance is not a mark of weakness but of the strength of a Constitution.”
“ Law is an aspiration for change, and the answers one gets are based on how you frame the discourse”Justice D.Y. Chandrachud
The senior judge went on to reflect upon the Constitution as a “transformative document” in which the judiciary and legislature recognize various conceptions of these rights, and that is the language in which political and social issues are generally framed. People with different socio-political views use this language to advocate their rights. In the Indian context, affirmative action is debated on facets of the right to equality.
Justice Chandrachud explored the possibility for conflicting rights to exist within one constitutional framework. He explained how the judiciary interprets rights based on its vision of the common good with respect to the Constitution and while national identities are identifiable by a nation’s past, a constitutional identity draws a balance.
“Our survival depends on our ability to stay awake,” he said.
Engaging with a range of questions from an enthusiastic audience, largely made up of students, Justice Chandrachud spoke on judicial impartiality in the context of social media and media trials, inclusive representation, role of artificial intelligence in adjudication, digitization and data privacy, amongst other topics.
“Writing, in general, is a very solitary process,” says Yauvanika Chopra, Associate Director at The New India Foundation (NIF), which, earlier this year, announced the 12th edition of its NIF Book Fellowships for research and scholarship about Indian history after Independence. While authors, in general, are built for it, it can still get very lonely, says Chopra, pointing out that the fellowship’s community support is as valuable as the monetary benefits it offers. “There is a solid community of NIF fellows, trustees, language experts, jury members, all of whom are incredibly competent,” she says. “They really help make authors feel supported from manuscript to publication, so you never feel like you’re struggling through isolation.”
Several principals of government and private schools in Delhi on Tuesday said the Directorate of Education (DoE) circular from a day earlier, directing schools to conduct classes in ‘hybrid’ mode, had caused confusion regarding day-to-day operations as they did not know how many students would return to school from Wednesday and how would teachers instruct in two modes — online and in person — at once. The DoE circular on Monday had also stated that the option to “exercise online mode of education, wherever available, shall vest with the students and their guardians”. Several schoolteachers also expressed confusion regarding the DoE order. A government schoolteacher said he was unsure of how to cope with the resumption of physical classes, given that the order directing government offices to ensure that 50% of the employees work from home is still in place. On Monday, the Commission for Air Quality Management in the National Capital Region and Adjoining Areas (CAQM) had, on the orders of the Supreme Court, directed schools in Delhi-NCR to shift classes to the hybrid mode, following which the DoE had issued the circular. The court had urged the Centre’s pollution watchdog to consider restarting physical classes due to many students missing out on the mid-day meals and lacking the necessary means to attend classes online. The CAQM had, on November 20, asked schools in Delhi-NCR to shift to the online mode of teaching.