Constitution Day 2025: Former Supreme Court judge Abhay S Oka says Basic Structure doctrine protected democracy in India

Excerpts:

How does the Constitution adapt to address emerging challenges in democracy, such as digital rights, privacy, and misinformation?

Justice Oka: Exactly 26 years ago, the Constituent Assembly approved the draft of the Constitution, and seventy-six years have gone by. How many citizens of India know about the provisions of the Constitution and its ideals and ethos? We know the answer to the question. How do we expect the Citizens to abide by the Constitution and to respect its ideals? Hence, there is a need to educate the citizens. We should start with our schools and colleges.

The subject of the Constitution cannot be just a small part of the civics curriculum. The Constitution must be an independent subject in schools, taught through innovative methods. The need is for a society which abides by the Constitution and the laws.

How has the basic structure doctrine, established by the Supreme Court, shaped the balance of power between Parliament and the judiciary in India?

Justice Oka: In my view, the Basic Structure doctrine laid down in Kesavananda Bharati has protected democracy in India. This is one theory that makes democracy in India superior to that of many other democracies worldwide. This is one decision that makes it obligatory even for the Legislature to protect the basic structure of our Constitution.

How effective have recent judicial interpretations of constitutional provisions been in protecting fundamental rights while maintaining public order and security?

Justice Oka: While landmark judgments by our Constitutional Courts affirm fundamental rights, the challenge lies in their effective implementation at the grassroots level. This gap highlights the need for better enforcement, as police and executive agencies often remain insensitive to these rights due to a lack of proper training.

What role do courts play in educating state agencies, including the police, about constitutional freedoms and their limits?

Justice Oka: Courts can influence the education of State agencies through judgments, but institutions like legal services authorities, judicial academies, and police training academies must actively participate in this process. Retired judges can also contribute significantly, fostering a culture of awareness and respect for fundamental rights across agencies.

What role should citizens play in upholding constitutional values like justice, liberty, equality, and fraternity in everyday life?

Justice Oka: Firstly, the citizens must realise the importance of the fundamental rights guaranteed to them. Secondly, they must resort to legal remedies if their fundamental rights are infringed. Thirdly, every citizen has an obligation to protect, respect and uphold the fundamental rights of fellow citizens.

Justice Oka was a judge of the Supreme Court of India from August 31, 2021, until his retirement on May 24 this year. Before his elevation to the Supreme Court, he was the Chief Justice of the Karnataka High Court from 2019 and served for over 15 years as a judge at the Bombay High Court starting in 2003. Justice Oka, who authored over 370 judgments, is known for his clarity of thought, sharp acumen and the precision of his judgments that uphold constitutional values.