New Delhi: Supreme Court Bar Association president Kapil Sibal on Tuesday underscored that it is the public which is central to a republic and not the state apparatus, and said it must be ensured that all arms of government, including courts, remain vigilant of their duty to the Constitution.
Speaking at the 75th Constitution Day celebrations held at the Supreme Court, the senior advocate emphasised that constitutional courts play the role of reminding the government of the "centrality of the public in our republic" as they check disproportionate action and prevent government excesses, and both the bench and the bar play a very important part in the process.
On the occasion, Bar Council of India (BCI) chairman Manan Kumar Mishra urged the top court as well as the high courts to take note of "shameful and dangerous misuse" of provisions of Part III of the Indian Constitution with respect to fundamental rights by certain politicians, and work along with the Centre.
"The Supreme Court and high courts are not supposed to shut their eyes when a handful of politicians sitting in power are attempting to change the demographics of their territories. The judiciary will have to work in tandem with (Prime Minister Narendra) Modi Ji and the Central government," said Mishra who was elected member of the Rajya Sabha on a BJP ticket in August this year.
The Constitution Day celebrations were attended by several dignitaries, including PM Modi, Chief Justice of India Sanjiv Khanna and Union Law Minister Arjun Meghwal.
Since 2015, November 26 is observed as Constitution Day to commemorate the adoption of the Constitution of India by the Constituent Assembly in 1949. Earlier, the day was observed as Law Day.
Sibal, in his address, cautioned against "untrammelled power" to a government being against the very notion of a republic, and said the instances where law was used for personal and political agendas by the government was a deviation from the rule of law.
"Central to any republic is not the state apparatus, but the public. It is this public that constitutes our nation. Thus any law, state action that actively discriminates or gives untrammelled power to the government goes against the very notion of a republic. "There were various moments in the 75 years of our constitution, governments have forgotten the centrality of its obligations to the public leading to situations where law is used for personal and political agendas. This is a deviation from the rule of law," he said.
Sibal added that the expression 'public' was without reference to caste, class, religion, tribe, place of birth, gender, sexual identity or disabilities, and the law must match with the aspirations of the people while also weaving the wisdom of the past.
"This court has been a model for constitutional courts around the world in its innovation and its boldness. In any nation, there are bound to be aberrations where even courts deviate from the centrality of the public, and while we celebrate the past, we must ensure that all arms of government, including courts, remain vigilant of their duty to the Constitution," he said.
Sibal, who concluded his speech with a quote by architect of Indian Constitution B R Ambedkar, added that one must remember the "audacity" of the vision of the framers of the Constitution.
BCI chief Mishra, in his address, termed as "ridiculous" the narrative by a "few politicians" that the Constitution and reservation were under threat and thanked the top court for upholding the abrogation of Article 370.
"Some politicians are in the habit of misusing the right to freedom of speech and expression. Mockery of the handbook of the constitution for vote politics, misleading people in the name of reservation are glaring examples of such misuse," he said.
