New Delhi: Chief Justice of India BR Gavai on Thursday underscored the judiciary’s pivotal role in upholding democracy and constitutional values, describing courts as the “moral conscience of the Constitution” that safeguard rights and ensure accountability of power.
Delivering a lecture on “Courts and Constitutional Governance” at the Fifth Wisdom for Future Talk Series hosted by the JSW School of Law at the Royal Institute of Management in Bhutan, CJI Gavai reflected on India’s constitutional journey and its deep resonance with Bhutan’s governance model.
He said that courts are not merely institutions for resolving disputes but serve as vital guardians of constitutional governance. “They uphold the rule of law, protect fundamental rights, and ensure that all authority operates within the boundaries of constitutional principles,” he observed.
The event was attended by Princess Sonam Dechan Wangchuck, Chief Justice of Bhutan Norbu Tshering, members of the Bhutanese judiciary, scholars, and students. Praising Bhutan as “a living lesson in what an ideal civilisation could be,” the Chief Justice said the nation exemplifies harmony between human aspiration, nature, and tradition.
Reflecting on landmark judgments that shaped India’s constitutional identity, CJI Gavai cited the Kesavananda Bharati v. State of Kerala ruling as a defining moment. The verdict, he said, ensured that while Parliament has the power to amend the Constitution, it cannot destroy its basic structure. “Amendment cannot become destruction,” he noted, adding that this principle has become a cornerstone of global constitutional thought.
CJI Gavai further expanded on how the right to life now encompasses access to education, healthcare, housing, clean air, water, and protection from climate change. “Rights are meaningful only when they translate into action and improve the lived experience of citizens,” he said.
He emphasized that the judiciary’s legitimacy stems from its moral integrity and public trust, not coercive power. “Courts earn this trust through transparency, fairness, and reasoned judgments,” he said, asserting that every decision must reflect moral courage.
Concluding his address, CJI Gavai lauded Bhutan’s constitutional vision of Gross National Happiness as an inspiring blend of justice, joy, and responsibility. Expressing gratitude for Bhutan’s warmth and friendship, he ended with a heartfelt “Kadrinchey la” meaning “thank you” in Bhutanese.
