Justice Ujjal Bhuyan emphasizes the need for bold judges to uphold the Constitution at Justice Oka’s farewell.
Why in News
We need more bold courageous judges today, said Justice Ujjal Bhuyan at Justice Abhay S Oka’s farewell .Justice Ujjal Bhuyan emphasized that the Indian Constitution survives through judges who are bold, independent and courageous in defending the judiciary against political interference .
Overview
At a farewell event organized by the Bar Council of Maharashtra and Goa for former Supreme Court judge Justice Abhay S Oka, sitting Judge of the Supreme Court, Justice Ujjal Bhuyan invoked Caroline Kennedy and Dr. Rajendra Prasad to highlight the importance of judicial courage and independence for the survival of the Constitution .
Key Aspects
The key aspects relating to the case are as under-
- Called for more bold courageous judges to protect constitutional values .
- Highlighted Fazlur Kadir Chaudhary v. Mohammad Abdul Haq (1963) as the seed of basic structure doctrine .
- Defended the Kesavananda Bharati verdict, despite its “anti-democratic” criticisms .
- Strongly opposed NJAC upheld the Collegium system .
- Quoted Rajendra Prasad on democratic functioning requiring mutual respect and accommodation .
Legal Insights
The legal insights of the case are as under –
- Kesavananda Bharati v. State of Kerala (1973) : Established the basic structure doctrine .
- NJAC Act (2014) : Struck down in Supreme Court Advocates-on-Record Assn. v. Union of India (2015) for violating judicial independence and separation of powers .
- Article 50 of the Constitution : Emphasizes the separation of judiciary from the executive .
- Article 124 : Deals with the appointment of Supreme Court judges .
Conclusion
Justice Ujjal Bhuyan’s speech reminds us that the judiciary remains the backbone of Indian democracy . Upholding judicial courage and independence is essential to preserve the Constitution amid increasing external pressures .
Source – Supreme Court of India
Read also – Kesavananda Bharati v. State of Kerala (1973)
