'Constitution does not allow preferential treatment for religious majority'

NT Correspondent

Bengaluru: Supreme Court Justice B.V. Nagarathna has said that the country is as independent as its institutions adding that the state does not owe loyalty to any religion and the Constitution does not want the religious majority to enjoy any preferential treatment.

Speaking at an event marking the release of a book titled 'Constitutional Ideals: Development and Realisation Through Court-led Justice' in Bengaluru, the judge highlighted the vision of the founding fathers and said, “Their vision was a nation that transcends diversities of religion, caste and creed; to bring about a social order based on social and economic justice.'' The judge stressed on the independence of institutions as one of the basic ideals of the Constitution and reflected on certain basic ideals while referring to their value in present times.

Stressing that the country has to go a long way in achieving all the ideals of the founder of the Constitution, she said: “We as a nation have come a long way, but we have a long way to go before meeting all the ideals of the founder [of the Constitution]. Fortunately, there is a framework [for] achieving these ideals provided by the Constitution itself. A more democratic, equal, just, and tolerant nation continues to remain an ideal in contemporary times”, she remarked. The book explains how courts have developed constitutional ideals in the face of political and social change.

“The Constitution is not just a legal document but also a living tree. It has a transformative quality and is an evolving document”, she noted. The judge also stated that these ideals are set through the wisdom of the founding fathers and members of the constituent assembly, which are fundamental and ultimate, “permitting no reduction below them”.

“Elections, Parliamentary proceedings, public debates, a strong opposition, autonomous institutions, free speech within the bounds of reasonable restrictions, and the functioning of the government within the bounds of the law, are necessary for democracy to thrive,'' said Justice Nagarathna. Talking about liberty, she said the courts have been at the forefront in securing the right to liberty and said Articles 14 and 21 espouse the ideal of liberty.

''There is still a lot of space for courts to ensure more rights are recognized”, she said. She also opined that the country has grown economically, but rampant acts of bribery and disproportionate assets remain worrying phenomena. “Secularism’ indicates that our country does not owe loyalty to any one religion— where the religious majority does not enjoy preferential treatment by the government,'' she said.