The Indian Constitution is proof of the transformation of the governance construction in India from the “order of the Queen” to the “will of the people”, Supreme Court choose Bhushan R Gavai stated, as he emphasised that the apex court docket should act because the custodian of the Constitution and the last word arbiter of justice.

“It is the duty of the courts to ensure that the law remains relevant amid shifting societal norms, and when faced with multiple interpretations, the courts opt for the one that best advances the constitutional values. Central to this transformative ethos is the role of the Supreme Court, which has to act as the custodian of the Constitution and the ultimate arbiter of justice,” stated the choose.

Justice Gavai, who’s in line to change into the Chief Justice of India (CJI) in May 2025, on Tuesday delivered a thought-provoking speech at Columbia Law School, reflecting on the transformative journey of the Indian Constitution over the previous 75 years when he highlighted the pivotal and transformational position the Constitution has performed over time in making certain key freedoms to folks. Simultaneously, the choose cited the essential features of the courts in upholding the cherished values enshrined within the Constitution.

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“While democracy needs to be protected and upheld at all times by the people, the courts play a seminal role in reinforcing the supremacy of the Constitution and determining the validity of legislative and executive actions on the touchstone of the principles of the Constitution. The principles of democracy and judicial review are intertwined and complementary. These form the core of the basic structure of the Constitution,” stated justice Gavai.

Referring to the latest Supreme Court verdict within the electoral bond (EB) case, the choose particularly emphasised in his speech how essential it’s for democracy to succeed that the voting course of adheres to the legal guidelines and the beliefs of the Constitution.

Justice Gavai was one of many judges on the Constitution bench that quashed the 2018 EB scheme by a judgment on February 15.

Justice Gavai stated, “In a very recent judgment on the validity of anonymous electoral bonds, the Supreme Court held that disclosure of information on electoral bonds to the voter cannot be restricted on the grounds of the informational privacy of the financial contributions to political parties.” He added that the growth of the liberty to speech and expression below Article 19(1)(a) to incorporate the appropriate to data is an important recognition for the citizenry to successfully take part within the elections, which, in flip, is an intrinsic characteristic of democracy.

The subject of justice Gavai’s lecture, “75 Years of Transformative Constitutionalism,” was divided into three sections. He started by exploring how the Indian Constitution mirrored a transformative intent, emphasising its departure from a society marred by inequality and injustice in the direction of one which upholds justice, equality, liberty, and particular person dignity.

Delving into the transformative intent of the Indian Constitution, the choose elucidated its foundational rules of equality, liberty, and fraternity. He confused on the framers’ acutely aware efforts to deal with current inequalities by provisions like Article 14, which ensures equality earlier than the legislation, and Article 17, which abolishes the apply of untouchability.

When justice Gavai assumes CJI’s workplace in May 2025, he can be simply the second member of a Scheduled Caste (SC) to guide the judiciary.

Moving on to legislative commitments, justice Gavai highlighted landmark enactments aimed toward upholding constitutional beliefs and securing the rights of marginalised communities. From the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act to legal guidelines defending gender rights and baby welfare, he illustrated how laws has been instrumental in advancing social justice.

The position of the judiciary, notably the Supreme Court, in decoding and upholding the transformative ethos of the Constitution was one other point of interest of the choose’s speech. He emphasised the highest court docket’s evolution from a textualist to a residing constitutionalist method, increasing the scope of elementary rights and selling equality and non-discrimination.

Justice Gavai concluded by reaffirming the transformative potential of the Indian Constitution and the pivotal position of the judiciary in safeguarding its rules.