Justice Arindam Lodh, Chairperson of Tripura Human Rights Commission, emphasized the judiciary’s crucial role in protecting constitutional ethos and human rights during the Akhil Bharatiya Adhivakta Parishad’s foundation day, highlighting landmark cases like Keshavananda Bharati and Menaka Gandhi.
The Chairperson of the Tripura Human Rights Commission, Justice Arindam Lodh, delivered an enlightening lecture on Saturday, emphasizing the judiciary’s indispensable role in preserving the ethos of the Indian Constitution and ensuring the protection of human rights. He was speaking at the foundation day celebration of the Akhil Bharatiya Adhivakta Parishad, where he was invited to reflect on the theme, “78th Year of the Indian Constitution: Reflections & Challenges.”
Criticism and Resilience of the Indian Constitution
Justice Lodh opened his lecture with a historical perspective, recalling the criticisms that the Indian Constitution faced in its early days. Among the critics, Sir Ivor Jennings, a prominent constitutional expert, described the Indian Constitution as “too long, too rigid, and too prolix.” Jennings, who also drafted the Constitution of Ceylon (now Sri Lanka), saw his framework collapse within just 14 years. In contrast, India’s Constitution, despite its length and complexity, has stood strong for more than seven decades.
“This resilience demonstrates the foresight of the framers of our Constitution and the strength it derives from continuous interpretation and adaptation,” Justice Lodh remarked.
Constitution as a Living Document
Declaring himself “a lifelong student of law,” Justice Lodh noted that the Indian Constitution, which came into force on January 26, 1950, was born out of intense debates within the Constituent Assembly. However, he stressed that it was the judiciary’s interpretation in the subsequent years that significantly expanded the scope and spirit of the Constitution.
“The judiciary has been instrumental in ensuring that constitutional values remain relevant and responsive to the needs of society. Through landmark rulings, courts have upheld the rights of citizens and deepened our democracy,” he observed.
Landmark Judgments that Shaped Human Rights Jurisprudence
Justice Lodh urged students of law and young advocates to study pivotal constitutional cases that defined the legal landscape of India. He identified ten judicial pronouncements that, in his view, truly reflect the essence of the Constitution.
Among them, he highlighted two landmark cases:
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Keshavananda Bharati v. State of Kerala (1973) – This case gave birth to the “basic structure doctrine,” which asserts that while Parliament has the authority to amend the Constitution, it cannot alter its basic structure. This principle ensures that the foundational values of democracy, secularism, and the rule of law remain intact.
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Menaka Gandhi v. Union of India (1978) – This case marked a turning point in human rights jurisprudence by broadening the interpretation of Article 21, which guarantees the right to life and personal liberty. Justice Lodh described it as the beginning of a “golden era” for human rights in India, as it paved the way for a more expansive understanding of civil liberties.
“These cases demonstrate how judicial interpretation has not only preserved constitutional values but also ensured their evolution in step with changing times,” he explained.
The Role of Judiciary in Contemporary Times
Justice Lodh reflected on the judiciary’s continuing responsibility to safeguard constitutional ethos against emerging challenges. He pointed out that in a democratic society, the judiciary acts as the guardian of both the Constitution and human rights.
“In times when constitutional principles are tested, it is the judiciary that has to step forward and strike a balance between state authority and individual freedoms. This delicate role strengthens our democracy and upholds the dignity of every citizen,” he said.
A Call to the Young Generation
Encouraging students and young legal professionals, Justice Lodh emphasized the importance of studying constitutional law in depth and understanding the transformative role of judicial pronouncements. He urged them not to treat the Constitution merely as a static text but as a living document that continues to shape the nation’s destiny.
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“The Constitution is not just a legal framework but a moral compass. It is our responsibility, especially as legal professionals, to ensure that it continues to guide India toward justice, equality, and liberty,” Justice Lodh concluded.
The lecture, attended by a large gathering of advocates, students, and academicians, received wide appreciation for its depth and clarity. It highlighted how the judiciary remains at the forefront of interpreting the Constitution, ensuring it withstands both criticism and challenges while safeguarding human rights and democratic values.
