Role of Judiciary in India's Evolving Constitutionalism

Delhi High Court Chief Justice D K Upadhyaya emphasized the judiciary's role in shaping India's modern constitutionalism during the 29th Justice Sunanda Bhandare Memorial Lecture. The event highlighted the evolution of constitutional rights and the pivotal integration of constitutional courts in interpreting unspoken constitutional elements, empowering citizens with essential rights.

Highlighting the evolving nature of India's constitutionalism, Delhi High Court Chief Justice D K Upadhyaya praised the judiciary’s role in modernizing the Constitution over the past 75 years. Speaking at the 29th Justice Sunanda Bhandare Memorial Lecture, he underscored the critical function of constitutional courts in addressing what he termed 'constitutional silences.'

Senior advocate Indira Jaising questioned a recent statement by Vice President Jagdeep Dhankhar, who suggested circulating the 'original Constitution.' She emphasized that the original document, devoid of the illustrations present in 1954 copies, has often been misunderstood and mischaracterized, highlighting a disconnect in public understanding.

Justice Upadhyaya further acknowledged how citizens have engaged with the Constitution by petitioning courts soon after it came into effect. He noted significant extensions under Article 21 that secure rights such as dignity, fair trial, and education. By citing constitutional traditions, the courts have progressively shaped a broader and modern approach to constitutional interpretation.