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Justice Ujjwal Bhuyan: Courageous and Independent Judges are Very Important for the Survival of the Constitution.

30 Jun 2025 11:06 AM - By Vivek G.

Justice Ujjwal Bhuyan: Courageous and Independent Judges are Very Important for the Survival of the Constitution.

At the farewell ceremony of Justice Abhay S. Oka organised by the Maharashtra and Goa Bar Council, Supreme Court Judge Justice Ujjwal Bhuyan delivered a thought-provoking speech emphasising the need for more courageous and bold judges to protect the Constitution of India.

Justice Ujjwal Bhuyan said, "As Caroline Kennedy said, we need more courageous and bold judges. We have had and will continue to have such judges, and that is how the Constitution will survive."

He quoted Caroline Kennedy to underline that "the bedrock of all democracies is the rule of law," and this rule can only stand firm if the judiciary is independent. He highlighted that such independence allows judges to make decisions free of political influence – an essential requirement in a democracy like India.

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Reflecting on the legacy of Justice Abhay Oka, Justice Bhuyan linked his journey to the larger constitutional landscape, remarking that even though India and Pakistan have historically been adversaries of each other on the battlefield and the cricket field – India has remained a land of peace and non-violence.

Referring to the 1963 Pakistan Supreme Court case of Fazlur Qadir Chowdhury vs Mohammad Abdul Haq, he said, "That case marked the first germination of the concept of basic features in constitutional law."

Justice Ujjwal Bhuyan also addressed the landmark Kesavananda Bharati case, defending it against persistent criticisms labelling it "anti-democratic".

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"I do not agree with those criticisms. The Supreme Court itself has upheld the Kesavananda principle in at least ten Constitution Bench decisions," he clarified.

Speaking on judicial appointments, he discussed the NJAC Act, which sought to replace the collegium system. However, the Supreme Court struck it down, citing violation of separation of powers and independence of the judiciary.

"Arun Jaitley was very upset with the decision. He called it a dictatorship of unelected judges, questioning how unelected judges could overturn laws passed by lawmakers. But this objection, for me, is totally unacceptable and has no place," Justice Ujjwal Bhuyan firmly stated.

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Concluding his address, Justice Bhuyan quoted India's first President, Dr. Rajendra Prasad:

"We have framed a democratic Constitution, but the successful functioning of constitutional institutions requires a willingness to respect the views of others, a capacity to compromise and accommodate, on the part of those who have to govern them."

Justice Ujjwal Bhuyan said these words spoken in 1949 will remain relevant even in 2025. He praised Justice Oka's dedication to upholding constitutional values ​​and reiterated that the survival of the Constitution of India depends on fearless, principled and independent judges.