Speaking on the occasion of Constitution Day organised by the High Court of Karnataka and Karnataka State Legal Services Authority in association with Karnataka State Bar Council and Advocates’ Association, Bengaluru, Justice B.V. Nagarathna, Judge, High Court of Karnataka through the speech, paid tribute to fifteen outstanding women who shaped the Indian Constitution and homage and honor to the legacy of two important architects of the Indian Republic.
Text of the speech: “We have gathered here today to celebrate the Constitution of India, which was adopted on this day 71 years ago. On this day I extend my greetings to all, as it is a very significant day for us in the legal and judicial fraternity.
At the outset, I wish to pay homage and honor to the legacy of two important architects of the Indian Republic. First, the members of the Constituent Assembly, which included personalities such as Dr B.R. Ambedkar, as the chairman of the drafting committee. Babu Rajendra Prasa, Pandit Jawaharlal Nehru, C. Subramanyam, Alladhi Krishnaswamy Iyer, to name a few and a great many stalwarts.
But today I would like to remember fifteen women architects of the Indian Constitution and secondly, the advisor to the Constituent Assembly, Sir Benegal Narasing Rau and the chairman of the drafting committee, Dr B.R.Ambedkar.
The Constituent Assembly comprised of 299 members had the benefit of their erudition and experience of fifteen outstanding women and I would like to name them to this august gathering. 1. Ammu Swaminathan, 2. Dakshayani Velayudhan, 3. Begum Aizaz Rasul, 4. Durgabai Deshmukh, 5. Hansa Jivraj Mehta, 6. Kamla Chaudhary, 7. Leela Roy, 8. Malati Choudhury, 9. Purnima Banerjee, 10. Rajkumari Amrit Kaur, 11. Renuka Ray, 12. Sarojini Naidu, 13. Sucheta Kriplani 14. Vijalakshami Pandit, 15. Annie Mascarene
Drawn from diverse backgrounds, they were united by their vision for an egalitarian society and polity. Each one of these remarkable women, not only played an active role in public life, but also had several individual achievements to their credit. Their participation in the Constituent Assembly debates and persistence ensured that their vision for an equal, fair and just nation is firmly embodied in our Constitution. The nation owes a deep debt of gratitude, not just to these 15 women, but also my humble tribute to all the members of the Constituent Assembly, who focus their attention to give to our country, our Constitution, which has stood the test of times. despite 103 amendments made to it.
Coming to Sir Benegal Narasing Rau, he was an astute civil servant, and later a judge of the International Court of Justice. Sir B.N. Rau, as he is popularly known was appointed as the constitutional adviser to the Constituent Assembly in formulating the Indian Constitution in the year 1946. He was responsible for the general structure of its democratic framework and prepared the initial draft. The draft prepared by the constitutional advisor was submitted in October 1947. The people of India were given eight months’ time to debate about it. And in light of the criticisms comments and suggestions, a second draft was prepared and it was introduced by Dr B.R. Ambedkar on fourth November 1948 for a first reading of it. Later for one year, clause by clause consideration took place and after three drafts and three readings, the Constitution was declared as passed and adopted on 26th of October 1949. Sir B.N. Rau prepared the draft constitution consisting of 243 articles and the drafting committee worked over it to expand it to 315 Articles. After 2473 amendments, the final form of the Constitution emerged with 395 articles. An important aspect I would like to dwell and to reiterate are the values embodied in our Constitution, which I would like to collectively term as constitutionalism, though there is a great debate as to whether to call it as constitutional morality. But I would not like to go into that aspect today. These values have recognized the judicial recognition by way of the doctrine of basic structure in the famous Keshavananda Bharati case where the defining features of the Constitution, cannot be defied. We need not go any further than the preamble to remind ourselves of the values of the Constitution namely, Justice, Equality, Fraternity and Liberty in India that is sovereign socialist secular democratic republic. These values breathe life into another spirit animating the substantive provisions of the Constitution.
It is not necessary for me to give a very elaborate elaboration of the Constitution to this very learned and erudite audience, but I will be failing in my duty if I do not refer to part three of the Constitution which deals with the fundamental rights and freedoms and part four of the Constitution, which deals with the Directive Principles of the State Policy. In the context of today’s topic, I would like to only highlight Article 47 of the director principles which deals with improvement of public health as a primary duty of the State, which is most relevant in today’s world, and in India, where the pandemic is raging.
Apart from this, from the citizens point of view, the Constitution is significant, not only for the fundamental rights, but the fundamental duties imposed on every citizen, which are essential to lead the nation to greater heights. In today’s context, I would like to only refer to the promotion of harmony and spirit of common brotherhood amongst all the people of India transcending religious linguistic and regional or sectional diversities to renounce practices derogatory to the dignity of women, and to abide by the Constitution and respected ideals and institutions, the national flag, and the national anthem. On this occasion, one cannot forget the role of the Indian judiciary in ensuring that the values embodied in this living document are protected and remain relevant by constantly adapting it to a changing nation with differing needs. I’d like to remember Justice Vivian Bose words, when he said, in State of Bengal vs Anwar Ali Sirkar, and I quote, “The Constitution is not made of dull lifeless words, but living flames intended to give life to a great nation”. I can only say that, bearing in mind this responsibility of judges in the wake of covid 19 pandemic, the courts have made laudable efforts in bringing to life, constitutional values in ensuring access to justice through various innovations. I would like to recall to this august gathering, what I said on last Saturday, about the leadership of our Chief Justice in ensuring that the judicial work is not stopped despite this pandemic. Therefore, it apt that we have in our midst, Chief Justice Kehar to enlighten us on the topic. On this auspicious occasion, I would like to end my address with the following prayer. Loka Samastha Sukino Bhavantu meaning, may all the people be well comfortable and happy.
Thank you, and namaskaar.“
Video Link: e-CELEBRATION OF CONSTITUTION DAY AT HIGH COURT OF KARNATAKA, BENGALURU – YouTube
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