On Constitution Day, Senior Advocate Harish Salve discusses the Indian Constitution, asserting that while the constitution has served India well, it is questionable whether its people and elected representatives have. He reflects on the 1975 Emergency, the functioning of electoral democracy, and the judiciary’s role as the ultimate protector of fundamental rights. Salve states, ‘I say, for example, the Supreme Court judgment, which upheld some draconian powers of the Enforcement Directorate, is a disaster’. He also critiques the shift from a ‘bail not jail’ to a ‘jail not bail’ approach in the justice system. The discussion touches upon the ideas of jurists like Nani Palkhiwala and V.R. Krishna Iyer, concluding that democracy is a ‘ceaseless endeavor’ requiring constant introspection and debate.
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