When a judge speak. We should listen to. And when CJI speak we should Listen to even more carefully. So many new words, new ways to express ideas in English. So much to learn.
1:45 Transfer of colonial power, organic structure, Socio-political revolution. 2:48 Karl Smidth, Granville Austin 3:08 Constitution unifies people beyond immediate spheres 3:45 Individual at heart 4:00 Repealed Indian Independence Act, No need of British signature. Stake ownership. Homegrown Constitution 5:13 Self governance, buttom up approach 5:30 Nani Palkhewala- Charter of Liberty granting charter of power, not vice-versa 6:30 Sometimes terribly wrong. Dalit-marriage 7:30 Parliament vs Court over Constitution. A19(2), 9th Schedule, Gopalan case Gopalan case made Fundamental Rights isolated pockets of rights, instead of integrated whole. 10:15 Comparative Constitution studies - Inclusivity, Specificity, Flexibility 11:10 Article 368- Basic Structure Doctrine- Finely struck balance between Rigidity and Flexibility 12:15 Right to property- most frequently amended 12:45 Voting age reduction 13:05 Local self government 13:24 Education Right 13:52 Institutions important for democracy 14:23 Multiple states, languages, religions- contentious enterprise. Diversity- contradictions to preserve plurality. 15:52 Secularism affirmed from the beginning 17:17 Minorities culture, education inst, languistic 18:29 Cultural heterogeneity 8:40 Asymmetric federalism 19:15 Scheduled Tribes 19:50 Constitutional identity 21:20 Rapidly shifting, globalisation, nationalism, as well as other modes of connections- labor markets, new industries, new reproductive tech, personhood etc 22:50 Diversity of identity of citizens- gender identity diversity 23:18 We= everyone, not specific sections- obviously. George Orwell said, work of Intelligent people- restate the obvious. Devil is in the details. Limits of words= limits of our world. 24:23 New avenues to the SC- Sabrimala case- multiple rights work together. Not standalone rights. Cluster of freedoms 25:50 Transformative document. 26:38 Judiciary comes from citizenry ultimately. New identities of citizens- new text of Construction 27:19 Underlying values, but Living document for evolving society 27:44 PILs 27:58 Social change, institution, judiciary, citizenry, Upendra Bakshi quote for responsibility of all stakeholders 29:20 Interpretation of constitution to change lives. Not static meaning, current problems to solve. 30:30 Future of Construction, silences of the Constitution regarding future developments like AI, tech. Can disrupt longstanding Constitutional principles, Personhood who? Responsibility to whom? 32:14 Constitution is framed for the future. Not set in stone. Dynamism. Quest for universal suffrage, negotiation, challenge, renewal. 33:25 Old ideals present today also. Democracy, people, Dr Ambedkar Quote- quality of those who use the Constitution 34:20 Constitution still works whether u believe in the Constitution or not, unlike religious texts. Neil Bohr's story- horseshoe
But for him #Constitution doesn't matter when it comes to marriage equality. A heterosexual person has given the fundamental right to choose his/her life partner. But for a Queer person, a member of the #LGBTQIA + community now has to rely on parliament to make laws for them. And CJI knows it very well that parliamentarians will never act to make laws for people who are cast out from society.
it's not the job of the court to make laws judicial legislation is illegal.. making laws is purely a legislative act ..hence it is the purview under the parliament.
