Former Chief Justice of the Orissa High Court and Senior Advocate, Dr. S. Muralidhar, asserted that the only way to protect the Constitution is to practise it. Speaking at a lecture organised by the Kochi International Foundation and the National University of Advanced Legal Studies (NUALS) on the topic “Transformative Constitutionalism and the Role of the Judiciary”, he delivered a powerful message urging law students to embrace the Constitution as a living document.
“The Constitution was written with the blood and sweat of the lived experience of its framers. The only way to protect it is to practise it, otherwise it will die,”
— Justice S. Muralidhar
He encouraged students to refer to the Constitution, not religious or philosophical texts, when facing complex societal decisions. According to him, India’s strength lies in its diversity, and recognizing this variety is fundamental to respecting every citizen's identity.
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Justice Muralidhar cited real-life instances of persistent caste-based discrimination, even within the judiciary. He recalled a disturbing incident where a judge of the Allahabad High Court purified his chamber with "gangaajal" because it was previously occupied by a Dalit.
“Despite 75 years of Article 17, untouchability is still practised. A ruling party MLA purified his house because a Dalit lived there before. These actions go unchallenged publicly,”
— Justice S. Muralidhar
He also addressed criticisms that the Indian Constitution contains borrowed elements. Refuting such views, he clarified that the framers studied various constitutions and selectively adopted provisions suitable for India, also including unique, original elements.
“We begin the Preamble by giving ourselves a Constitution. Nobody gave us those rights—we proclaimed them for ourselves,”
— Justice S. Muralidhar
He spoke passionately about the importance of dignity, especially in judgments like the Delhi High Court’s ruling on Section 377 IPC, which decriminalised consensual same-sex relationships. Dignity, liberty, equality, and fraternity, he said, are interconnected values, and society becomes fragile when one of them is ignored.
Justice Muralidhar highlighted challenges to fraternity through real-life stories: from people from the North East fleeing Bangalore over rumours to caste- or religion-based discrimination in housing and social settings.
“The Constitution helps unravel our individual identities. It reminds us why it is important to let a Muslim girl wear a hijab or why Dalits should celebrate weddings and festivals equally,”
— Justice S. Muralidhar
He described Article 15 as a transformative provision that enforces equality not only from the State but also between individuals. Many interfaith or inter-caste couples, he noted, approach courts not for state protection but from families and society. He recounted a conversation with a North Indian judge who downplayed honour killings, showing the subjectivity and societal resistance to real constitutional change.
Justice Muralidhar underlined the hypocrisy among Indians living abroad, who are offended when mistaken for Pakistanis but continue to discriminate back home. He urged daily reflection on the Preamble and Article 15 to internalise equality and respect.
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He also referred to historical caste struggles, such as access to temples and wells, noting that true transformation will occur only when such differences are no longer recognised.
“The real achievement is when we no longer notice these differences. That is transformative constitutionalism—and it begins with the individual,”
— Justice S. Muralidhar
He explained that Articles 17 and 23 are unique as they criminalise social evils like untouchability and forced labour, making the Constitution itself a tool for societal reform, not just governance.
Justice Muralidhar also emphasised the significance of the 73rd and 74th Constitutional Amendments, which decentralised governance through panchayats and urban bodies while ensuring reservations for Dalits and women. He acknowledged slow but visible transformation and praised movements like Mandal agitation for empowering marginalised communities economically.
Reflecting on his own past biases, he shared that he once opposed reservations due to privilege and ignorance.
“Coming from privilege, I had no idea what it’s like to be a sweeper’s child. Understanding discrimination requires living through law,”
— Justice S. Muralidhar
He highlighted discrimination in rural Tamil Nadu, where Dalits are not allowed to file nominations, and low voter turnout in Jammu & Kashmir due to fear, both reflecting gaps in democratic participation.
On economic rights, he criticised the failure of the Dowry Prohibition Act, pointing out that no religious community is free from this practice.
“Look at matrimonial columns and you'll see a very different India. Article 15 sounds good but practice tells another story,”
— Justice S. Muralidhar
He praised laws like MNREGA and RTI for bringing change from the ground up, but also condemned systemic failures where children of sanitation workers are automatically registered for similar jobs.
He referred to the film The Great Indian Kitchen to illustrate how cultural and gender norms trap individuals in inequality, calling for education and liberation through constitutional values.
Justice Muralidhar argued that the Directive Principles of State Policy are not merely symbolic. Though laws like the Prohibition of Employment as Manual Scavengers Act exist, lack of political will hinders enforcement.
“Don’t accept the excuse that numbers are small. Gandhiji’s talisman reminds us to think of the weakest,”
— Justice S. Muralidhar
He urged students to use interdisciplinary learning, including economics, sociology, and political science, to understand constitutional issues such as mass displacement and child homelessness.
He ended on a powerful note that personal change is the first step to national transformation.
“We think someone else will clean our mess. That mindset must change. Only then will transformation happen—first within, then in society, and finally, in the nation,”
— Justice S. Muralidhar
He concluded by saying that real progress isn’t in reserved seats or scholarships, but in how we treat others—with dignity, respect, and genuine equality.
“Transformation means knowing what discrimination you are causing to others and correcting it. Even a smile, a hand on the shoulder, an act of kindness can be a form of fraternity,”
— Justice S. Muralidhar
