Audit of fundamental rights’ effectiveness could yield ‘uncomfortable’ findings: J. Chelameswar

Former Supreme Court judge J. Chelameswar on Saturday, May 30, 2026, expressed doubts about how effectively the fundamental rights of the Constitution protect ordinary people. He said an audit into the matter could reveal “very troubling” findings.

He made the critical remarks while inaugurating the two-day national conference on ‘Shaping the Future of Legal Education: Innovation, Practice and Reforms’ at Government Law College, Ernakulam.

“The Constitution textually guarantees fundamental rights. However, if there is a proper audit on how these guarantees work in practice to protect the common man, the report would be very disturbing. I do not have any statistics. I am speaking from my life experiences,” Mr. Chelameswar said.

“All that is required for an individual to be deprived of their liberty is for someone in the government to believe that that person’s activity undermines the country’s sovereignty,” he added.

He emphasized that the direction in which the constitutional system is moving is an issue that everyone in the judicial community should examine.

He said that in order to innovate constitutional law, it is important to understand what is wrong with the system. He added that history and technology play an important role in innovations or reforms in the field of private law.

Noting that there is a renewed interest in legal studies compared to the old days, the former judge urged law students to have clarity about the purpose of the entire legal system when they complete their studies. “Ultimately, everything is for the people, to maintain an orderly society. Strong people can always take care of themselves. The weaker segments of society may not be able to defend themselves. We must study, understand and improve the system for them,” he said.

K. Chandru, former judge of the Madras High Court, was the chief guest at the inauguration ceremony. He questioned the claim that the current system, often seen as a colonial legacy, should be replaced by an “Indianised jurisprudence”. “Some judges say that some interpretations should be set aside because we have our own interpretations. If you think that the law is universal and there are certain principles that cannot be compromised, then we should also welcome information from everywhere,” he said.

He said it was time for legal studies to address issues such as poverty and the caste system. “We must approach the study of law by asking how it is relevant to the broader population of the country. Law schools today do not discuss current issues that truly affect us all. When a court fails or takes a different path, we can take the stance that this cannot be allowed,” he added.