CJI Dipak Misra: Delivering a lecture on Balancing of Rights
Inauguration of Late Dr. Patangrao Kadam Memorial Public Lecture Series, Campus Law Center-II and International Arbitration Centre at Pune’s Bharti Vidyapeeth, attended by CJI Dipak Misra, Justice AM khanwilkar, Acting Chief Justice Naresh Patil, Chief Minister, Maharashtra Devendra Fadnavis, Chancellar Shivajirao Kadam, V-C Dr. M.M. Salunkhe, Secretary Vishwajeet Kadam, and Dean of New Law College Dr. Mukund Sarda.
Chief Justice of India Dipak Misra delivering a lecture on balancing of rights and said that each individual has the Right to Life as well as the Right to Live with Dignity, but cases involving conflicting interest have to be dealt with in a balanced manner.
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CJI Misra, while referring to the Aruna Shanbaug case, touched upon the issue of conflict between 2 fundamental rights & said that the verdict in such cases should be given after thoroughly studying the facts of the case & the fundamental structure of the Indian Constitution.
The Aruna Shanbaug case, which led to a change in euthanasia laws of the country.
“Everyone has a right to life but at the same time, he or she has a right to life with dignity. If he/she’s unable to live with dignity because of prolonged illness, from which he/she will not overcome then in such cases he/she has the right to die with dignity. This’s what balancing of rights mean. Adjustment, acceptance, compromise & settlement comes in the balancing of rights & for the coexistence of rights. We’ve to balance them for the well being of mankind,” Misra said.
CJI Misra referring Subramanian Swamy v. Union of India case, and touched the issue of conflict between 2 fundamental rights, first freedom of speech and second is Right to live with Dignity, and said each rights should exercise with constitutional framework.
Citing the Mazdur Krishna Shakti Sangathan case, the CJI said that in situations where conflict arises between 2 Fundamental Rights or intra-fundamental rights in respect of some person, it becomes slightly difficult for a bench to give out the verdict.
“No particular parameter can be fixed but yet the court’s try & endeavor to fix certain parameters, it has to be judged on facts of each case, taking care of certain constitutional concepts,” he noted.
Furthermore, Chief Justice Misra noted that it’s important for an individual to exercise rights granted by the Indian Constitution in order to develop the society & strengthen the democracy.
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“We have a constitutional democracy & it’s conceded with a singular & a sole mission & purpose of securing its citizen’s rights & liberties which foster & strengthen the spirit & growth of development in a society. Rights protected & guaranteed under a constitution are the fulcrum of any free society. We ought to live in a democratic & free society. As far as that concept is concerned there’s no compromise. We have the rights and must exercise them within the constitutional parameters. These rights are interest recognized & protected by a rule of justice. If the rule of justice collapses, rule of law will automatically collapse. I must respect your freedom, you must respect mine & this’s how we can build up a societal fraternity in a true sense.”
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