Rule of law fundamental feature of modern Constitutions: CJI

NEW DELHI: Chief Justice of India Sharad Arvind Bobde said on Saturday that the most fundamental feature of the majority of modern constitutions is the idea of the “rule of law”. The Chief Justice, while speaking at the International Judges’ Conference on “Judiciary and the Changing World” at the Supreme Court, said a feature often neglected is a chapter on fundamental duties (in the Constitution) which imposes on every citizen the duties to abide by.

He said there are more than 50 countries in the world having specific provisions with regard to fundamental duties in their respective constitutions. “At the heart of the Constitution is the individual whose rights are recognized as ‘fundamental’. These rights have been beautifully balanced with the demands of public order, morality, and health,” the Chief Justice said. He insisted that the Constitution also created a strong and independent judiciary, which is separated from the executive and the legislature. “We have strived at every turn, not just as a judicial institution, but also as a citizenry to keep these basic ideals intact,” he added. Bobde said that right from 1950, the judiciary looked for inspiration from across the globe to find creative solutions to constitutional problems. “In the first important case on fundamental rights, (A.K. Gopalan vs the State of Madras), the Supreme Court quoted law from the American, Japanese, Irish, Canadian, Australian and English courts. Ever since, we have not shied away from looking for inspiration, wherever possible,” said the Chief Justice. (IANS)

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