Constantly question the actions of those in power, says SC judge – Hindustan Times

In a democracy, citizens must use their liberties to constantly question those in power and not be complacent about any encroachment of their rights, Supreme Court judge Justice S Ravindra Bhat said at an online event on Sunday.

Speaking on the topic, Role of Judiciary in Governance, Justice Bhat said at a time when the world is passing through a pandemic and its painful and traumatic consequences, it is all the more important for people to cherish their liberties and question the moves and policies that displace the liberties that the Constitution guarantees.

We gained our freedom at a great cost. Every Indian, therefore, has to use his liberties to constantly question the actions of those in power because democracy gives no tickets to free meals. It is for us to assert and guard liberty and not be complacent about any encroachment, he said.

The judge was addressing the first anniversary celebrations of an organisation called Connecting Governed, Governing and Governance that comprises lawyers, judges and academics and which also has former Chief Justice of India (CJI) KG Balakrishnan as one of its patrons.

Justice Bhat touched upon the horrors of the Covid-19 pandemic and said personal freedoms become even more important during such a crisis. Today the world is reeling under the painful and traumatic consequences of the Covid pandemic disrupting lives and livelihoods, leaving behind destruction, despair and impoverishment. It is more important for people to cherish liberties and constantly question, through every legitimate channel, the moves and policies which undermine the democratic government and displace creepingly, the liberties that the Constitution guarantees.

The judge also shared his personal view on reservations. Reservation, at least in regard to Scheduled Castes, Scheduled tribes and most backward classes is essential and we cannot put a time limit on it...I would say it is not possible that we should do away with it (reservation) as long as society is unequal and people are socially and educationally backward. So long as the society is unwilling to cast off the shackles of caste, these quotas are needed because they underline empowerment.

Justice Bhat emphasised that in a democratic way of governance, citizens should be prepared for imperfections. Thats where the role of courts comes in. The rule of law through democracy is a continuing work-in-progress where peoples scrutiny is paramount and courts are part of the dialogue, the Supreme Court judge said, emphasising that a person may have a fundamental right to get a ration card or change the date of birth, but if people dont get justice internally, there is no other way than to go to court.

Even on the limits of freedom that the legislature or executive places on its citizens, Justice Bhat highlighted the need for laws to clearly define limits and not sound vague. Giving instances of what constitutes an obscene publication, an incitement that is likely to affect communal harmony, or the extent of regulation permissible at any given point of time, the judge said, These are very important in governance, because unless you know what you can speak and what you cannot speak, it is very easy for the state to criminalise any content.

Justice Bhat also said that the broad role played by the judiciary in governance operates in two ways. Firstly, by protecting peoples fundamental rights and constitutional ethos by ensuring transparency and accountability to the rule of law. And secondly, interpreting new-age laws and filling policy gaps in existing norms, he added.

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Constantly question the actions of those in power, says SC judge - Hindustan Times