Audit of Fundamental Rights’ Effectiveness May Reveal ‘Uncomfortable’ Truths, Warns J. Chelameswar

Former Supreme Court judge J. Chelameswar questioned the effectiveness of the Constitution’s fundamental rights in protecting common citizens, suggesting that a thorough audit might reveal uncomfortable truths. Speaking at a national conference on legal education at the Government Law College in Ernakulam, he emphasized that while fundamental rights are guaranteed textually, their practical enforcement may not adequately safeguard the liberties of individuals. He expressed concern that the governmental interpretation of actions as threats to national sovereignty often leads to the deprivation of personal freedoms.

Chelameswar urged a reevaluation of the constitutional framework, stressing the importance of understanding its shortcomings to facilitate innovation in constitutional law. He noted that historical and technological contexts significantly impact reforms in private law, and underscored the necessity for law students to grasp the ultimate purpose of the legal system, which is to serve the populace and maintain societal order. He highlighted the disparity between the powerful, who often have the means to defend themselves, and the weaker sections of society who struggle for representation.

K. Chandru, former judge of the Madras High Court, echoed Chelameswar’s sentiments by advocating for a comprehensive legal education that addresses contemporary societal issues, such as poverty and caste. He criticized the notion of replacing the existing legal principles deemed colonial with an “Indianised jurisprudence,” arguing for a universal approach to law that incorporates knowledge from diverse sources. Chandru contended it’s imperative for legal studies to remain relevant and responsive to the challenges faced by the broader population, thereby enhancing the legal system’s responsiveness to societal needs.