No compromise on fundamental rights, says Chief Justice of India

Pic courtesy: ANI

New Delhi: There can be no compromise on a citizen's fundamental rights, Chief Justice of India (CJI) Dipak Misra said on Sunday.

"The fundamental rights are in the core value and the bedrock of the Constitution. An independent judiciary with the power of judicial review has been conferred with the power of the ultimate guardian of the Constitution to strike a balance. To ensure that respective governments are functioning as provided by the law within their respective domains," he said.

There can be no compromise with the citizen's fundamental rights, the citizens' rights have to be at the pinnacle," Justice Misra emphasised at a function organised by the apex court to celebrate Constitution Day.

He made the remarks while responding to the assertion of Union Law Minister Ravi Shankar Prasad that governance "must remain" with those elected to govern.

On Prasad's remark that "PILs cannot become a substitute for governance", the CJI said the Supreme Court believed in and practised "constitutional sovereignty".

Calling the Constitution a 'lucid' and 'living' document, he said, "The Supreme Court of India today believed that we are only under Constitutional sovereignty and we shall practise it".

Though no right was absolute, there should be no fetters which "destroy the central dogma of the constitution", the CJI said.

Justice Misra further said that the focus of the judiciary should be on reducing pending cases, rejecting frivolous litigations and stressing on alternative dispute resolution mechanisms to settle cases.

On the other, Prime Minister Narendra Modi on Sunday lauded the Constitution and said it was the only document which has tied the whole nation with immense diversity together.

"It was not easy to make a historical document (Constitution) which binds a country which has more than a dozen sects, more than 100 languages and more than 1700 dialects and people living in places with various beliefs," he said while delivering a valedictory address on the National Law Day.

The PM added that the Constitution was not just a book but also contains social philosophy.

"On this day, 68 years ago, we decided the direction in which our country will move, those rules and laws were given by the Constitution and it is a day to remember those people who formed these epic documents," he added.

PM Modi stressed that the three arms of the government - Legislature, Executive and Judiciary - needed to work together and move in the direction of 'New India'.

"Unfortunately we have not been able to remove our internal weaknesses, so many years after independence. We need to think about it at all levels," he said.

He also said, "Baba Saheb said that Constitution is workable, flexible and has the power to unite the nation in times of war and peace. He also said if a wrong was done, it will not be the fault of Constitution but the institution which is making people abides by the constitution."

The PM appealed the nation to come together and work towards the strengthening of India.

"India is a young nation. To strengthen it, all the constitutional bodies will have to come together and work towards it," he added.

The National Law Day is marked on November 26.

(With PTI and ANI inputs)