Soli Sorabjee believed basic structure was important to protect federalism, judiciary: Justice Surya Kant

Eminent jurist late Soli J Sorabjee believed in the importance of basic structure doctrine as a means to protect federalism and independence of judiciary, Supreme Court judge Justice Surya Kant said on Tuesday..Sorabjee emphasized that the doctrine was critical in safeguarding the principles of federalism, preventing the subjugation of the State to the Center and most importantly in protecting the judiciary's power of judicial review..Throughout his law practice, Soli was at the forefront to help the disadvantaged and the oppressed, Justice Kant stated."Soli defined his life as the propellent of justice of civil liberties...I always regard Soli ji not as a guide or mentor but also as a dear friend whose passing left a profound void," Justice Kant added..The Supreme Court judge was delivering the 3rd Soli J Sorabjee Memorial Lecture hosted by the Commonwealth Lawyers Association (CLA) in the memory of Sorabjee who had passed away in April 2021 due to COVID-19.The event was also attended by Attorney General R Venkataramani, Supreme Court judges Justice PB Varale and Justice KV Viswanathan Senior Advocate and Council Member CLA Jaideep Gupta, Senior Advocates Rakesh Khanna and Nisha Bagchi, and others from the legal fraternity..Justice Surya Kant spoke on the topic 'Human Rights and its development in India'.In his address, the judge spoke about the concept of dharma and how it has augmented judicial independence."The concept of dharma also lent itself to facilitating an independent judiciary. Dharmic law was regarded as above all, such that no individual, regardless of their supremacy, could abolish it. The rule of dharma applied to all individuals," he stated. .Sometimes we keep on grappling to understand what human rights are, he added."As I understand, human rights have been broadly defined as the activities, conditions, and freedoms that human beings are entitled to enjoy by virtue of their humanity regardless of their status. These rights are often considered inalienable, inter-dependent. They are far from being fixed or static...In my personal view human rights are influenced by multiple factors and are often shaped by the environment in which they exist," Justice Kant opined..Even the creation of an impartial judicial system is in itself an example of acknowledgment of basic human rights, Justice Kant stated."The establishment of a judicial system and ensuring access to it for the general citizenry, to seek redressal for the human for violation of their rights, presents the guarantees of human rights principles. Individuals approach courts for a multitude of reasons, which may not always correspond to a direct violation of fundamental rights. Nonetheless, the availability of a robust judicial process distinguishes a nation," he emphasized..[Full speech below]

Soli Sorabjee believed basic structure was important to protect federalism, judiciary: Justice Surya Kant

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