The Indian Constitution has withstood "the test of time" even as guiding frameworks in
neighbouring countries have withered away, Chief Justice of India K G Balakrishnan has said crediting its success to the vision of its drafter B R Ambedkar.
"The Indian Constitution has withstood the test of time and it has performed. That is why our democracy has survived, while the Constitutions in our neighbouring countries have either withered away or have fallen into problems," he said while delivering the First Ambedkar Memorial Lecture on Judicial Activism and Enforcement of Socio-Economic Rights.
"To some extent social transformation has taken place in the country because of Indian judiciary and no one can take away credit from Dr Ambedkar, architect of the Constitution," Balakrishnan said at the Nehru Centre here last night.
The Chief Justice said Ambedkar wanted to codify the Hindu law but some of the influential lawmakers did not support him, forcing him to resign from the cabinet. He said the Indian judiciary could be proud of its role in bringing about certain social changes in the country.
India's high commissioner to the UK Shiv Shankar Mukherjee said the Indian Constitution commanded huge respect in younger nations, particularly in the African sub-continent. "We have come a long way because of the founding father of our Constitution," he said.
Ambedkar, who was born in a humble background, faced evils of caste-based discrimination and achieved excellence in education despite social disadvantages, Balakrishnan said describing him as a "great economist, Constitutional expert, trade union leader and social reformer."
Soli Sorabjee, former Advocate General, Justice K S Radhakrishnan, Chief Justice of Gujarat High Court, and several judges of the Supreme Court of India were present on
the occasion. Quoting Ambedkar, Balakrishnan said: "If you don't have social equality, those who suffer from inequality will blow up the basis of our Constitution".
The Chief Justice said though the Right to Education was not included as a fundamental right but was a directive principle and a bill was currently pending before the Parliament to make education for those in the age group of 6 to 14 a fundamental right. The Bill has been referred to a select committee and once it is passed, state governments would have to provide for schools, teachers and other infrastructure.
He said for the enforcement of fundamental rights, citizens could directly approach the Supreme Court. "We have now streamlined the procedure for filing the Public Interest Litigation and taken measures to prevent its misuse," he said.
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