“Idea of India is the Constitution of India” – Senior Advocate Indira Jaising

In a recent speech at the 112th Lawyers Round Table, Senior Advocate Indira Jaising emphasized that the Constitution of India is central to the nation’s identity, calling it the “Idea of India.” She argued that the Constitution embodies the fundamental principles that guide the country and should remain the primary framework for governance and legal interpretation.

Key Points from Jaising’s Speech

1. Constitution as a Grundnorm:
   Jaising highlighted that the Constitution serves as the foundational norm (grundnorm) for India’s legal system, reflecting values of equality, justice, and liberty. She criticized the current political discourse that places intrinsic dharma or cultural norms above constitutional principles, arguing that such an approach undermines the rule of law and constitutional supremacy【135†source】【136†source】.
2. Impact of the Constitution:
   Recounting her career, Jaising noted the transformative role of the Constitution in advancing social justice. She cited landmark cases she had worked on, such as the Sabarimala case, which allowed women of all ages to enter the temple, and the Triple Talaq case, which declared the practice unconstitutional. These cases exemplify how the Constitution has been a powerful tool in fighting discrimination and upholding fundamental rights【135†source】【136†source】.
3. Challenges to Constitutional Values:
   Jaising expressed concern over recent trends where constitutional norms are being overridden by cultural and religious norms. She referenced the installation of the Sengol in the new Parliament building and the complete ban on cow slaughter as instances where cultural symbols and duties are being prioritized over constitutional rights and freedoms【136†source】.
4. Advocacy for Transparency:
   Jaising also advocated for greater transparency in judicial proceedings, urging the live-streaming of Supreme Court cases, particularly those of constitutional importance. She argued that this would enhance public understanding and trust in the judicial process, aligning with the fundamental right to information【137†source】.

Jaising’s reflections underscore the enduring importance of the Constitution in shaping India’s democratic and legal landscape. Her call to uphold constitutional values against any form of subversion is a powerful reminder of the document’s central role in maintaining justice and equality in the nation.