Judiciary Must Ensure Constitutional Compliance, Says Former SC Judge
2 minute read
• Updated on 25 Nov, 2025, 2:06 PM, by Ishita Tanwar
During the address, Justice Oka explained that democratic legitimacy and constitutional accountability must coexist for a healthy and functioning democracy. He stated that while governments derive power from electoral processes, they must operate within the detailed framework set by the Constitution. He emphasised that courts do not obstruct development, countering the misconception that judicial scrutiny slows progress. Instead, he argued that judicial review is vital for maintaining the system of checks and balances essential for a constitutional democracy. According to him, the judiciary must ensure that the government functions strictly within constitutional limits, reinforcing accountability. Before highlighting key constitutional challenges, he noted that the judiciary’s role extends beyond interpretation of law—it serves as the guardian of fundamental rights and protector of democratic values.
Key Issues Highlighted by Justice Oka During the Lecture
Before listing the major concerns raised during the session, Justice Oka provided a detailed context on India’s evolving constitutional landscape. He mentioned that the judiciary frequently encounters cases that affect everyday life, public welfare, and core democratic rights. The concerns he outlined offered a realistic view of how constitutional safeguards operate in practice and where challenges persist. Some of the major issues he highlighted include:
- Environmental degradation and rising pollution levels, which require stronger regulatory enforcement.
- Violations of basic human rights, particularly in underserved communities.
- Barriers in accessing timely justice, affecting the confidence of ordinary citizens.
Justice Oka added that while Article twenty-one offers strong protection for life and personal liberty, several violations remain unchallenged due to lack of awareness and accessibility. He encouraged students to understand the deeper meaning of constitutional morality and the responsibility it places on future legal professionals. Follow KollegeApply for the latest updates on College Admissions, Courses, Exam Dates, Results, Scholarships, Career Guidance, Education News, and Policy Changes — everything needed to stay ahead in the education journey
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