Chennai: Former chief justice of India D Y Chandrachud on Friday said several recent and pending Supreme Court judgments on contemporary issues could significantly “reshape the way forward for India”, underscoring how constitutional interpretation continues to influence the nation’s social and legal trajectory.The former CJI said substantive due process, though rooted in constitutional text, has expanded through judicial interpretation to test not just the legality of laws but their fairness and impact on individuals. “The Constitution does not assume that power is justified merely because it follows procedure,” he said, stressing that courts must examine whether state action respects dignity and justice. Around the world, courts are increasingly asking whether laws are arbitrary, disproportionate or unjust in their effect, even when validly enacted, he pointed out.Chandrachud emphasised that “Laws are often products of their time but can outlast the social conditions that shaped them. In such cases, courts must determine whether those laws still remain relevant or just in the present context,” he said. He cautioned against viewing constitutional adjudication through the narrow lens of judicial activism versus restraint, noting that courts are instead engaged in a deeper exercise of assessing whether the exercise of state power can be justified in terms of its real impact on people’s lives.The former CJI said the doctrine of substantive due process remains central to constitutional governance, ensuring that democratic power is not only lawfully exercised but also meaningfully justified. He was speaking at the launch of advocate Kavitha Rameshwar’s book ‘They Created a Nation: The Omnipresence of Due Process in the Indian Constitution’. Supreme Court judge R Mahadevan launched the book and the first copy was received by Chandrachud.
