Justice Chandrachud said that Top court must not touch issues that need lawmakers’ role

Justice Chandrachud’s remarks on political engagement are significant as he's in line to be the magistrate of India in November this year for a period of two years, during which the 2024 Lok Sabha elections also will be held.

Underlining the requirement for political engagement during a democracy, Supreme Court judge DY Chandrachud said that the apex court cannot and must not transcend its role by deciding issues requiring the involvement of elected representatives.

“It is true that the Supreme Court of India must protect the elemental rights of persons and perform its constitutional duty. that will not only be a deviation from its constitutional role but wouldn't serve a democratic society, which at its core, must resolve issues through public deliberation, discourse and also the engagement of citizens with their representatives and also the Constitution,” he said.

Justice Chandrachud was speaking at King’s College in London on the subject “Protecting human rights and preserving civil liberties: The role of courts during a democracy”.

He also said that thinking of the Supreme Court as a “one-stop solution to resolve complicated problems with policy and society” may be a reflection of the waning power of discourse and consensus building.

“The growing litigious trend within the country is indicative of the shortage of patience within the political discourse. This leads to a slippery slope where courts are thought to be the sole organ of the State for realisation of rights — obviating the necessity for continuous engagement with the legislature and therefore the executive,” he said.

“The fulfilment of the ideals of our Constitution and also the protections guaranteed under that cannot only be achieved by exercising our role as citizens once every five years. 

There must be an eternal engagement with all the pillars of democracy,” he added in his closing remarks.

Justice Chandrachud’s remarks on political engagement are significant as he's in line to be the justice of India in November this year for a period of two years, during which the 2024 Lok Sabha elections also will be held.