"Only Way to Protect Constitution Is to Practise It": Dr. S. Muralidhar

In a recent address to Delhi University’s Faculty of Law, former Chief Justice of the Orissa High Court, Dr. S. Muralidhar, revisited a vision of the Constitution that goes far beyond a set of legal rules. He spoke about “transformative constitutionalism,” a doctrine that positions the Constitution as a living document designed to drive social change and foster justice. His insights prompt a deeper look into the judiciary's power—not just to interpret law, but to advance equity, dignity, and constitutional morality in a complex, diverse democracy.

What is Transformative Constitutionalism?

At its core, transformative constitutionalism is the belief that the Constitution is not static. Instead, it’s a dynamic, evolving framework aimed at fundamentally transforming society to uphold values such as justice, equality, liberty, and fraternity. This idea gained momentum in South Africa post-apartheid but found powerful resonance in India due to its deep constitutional commitment to social justice.

Dr. Muralidhar defined it as the Constitution’s capacity “to move society forward.” This transformation is not just political or legal—it is moral, social, and structural. It aspires to shift systems of marginalisation, reframe power relationships, and secure fundamental freedoms for all.

The Judiciary’s Expanding Role

Traditionally, courts were seen as neutral arbiters of disputes. But in the transformative constitutionalism framework, the judiciary is also a facilitator of social change. Judges are not mere umpires—they are constitutional actors who can uplift voices from the margins and reinterpret law to make it more inclusive and humane.

Dr. Muralidhar drew on his own judicial journey, where he has often been a strong advocate for rights-based judgments. He encouraged the judiciary to be proactive, especially in cases where historically marginalised communities—Dalits, women, queer persons, the disabled—are seeking justice.

Some of India’s most notable constitutional advances have stemmed from judicial interventions:

• Navtej Singh Johar v. Union of India (2018): The Supreme Court read down Section 377, decriminalising same-sex relationships and affirming the dignity of LGBTQ+ individuals.

• Vishaka v. State of Rajasthan (1997): In the absence of legislation on sexual harassment at the workplace, the Court stepped in to lay down the Vishaka Guidelines.

• Right to Privacy (2017): In Justice K.S. Puttaswamy v. Union of India, the Court held that the right to privacy is intrinsic to life and liberty under Article 21.

These cases exemplify the Court’s willingness to interpret the Constitution in light of evolving societal values and global human rights standards.

Law as a Tool for Social Justice

Dr. Muralidhar reminded the audience that legal education must equip students not just with doctrinal knowledge, but also with a deeper understanding of law’s power to confront injustice.

“Law is not a mere profession. It is a mission to bring justice to those who are outside the gates,” he said.

He cited instances where law students and young lawyers worked in legal aid clinics or pro bono initiatives to support displaced tribals, riot survivors, or undertrial prisoners. These efforts underscore that lawyers and judges can act as vital agents of societal healing.

For law to be truly transformative, however, the legal system itself must be accessible. Dr. Muralidhar called for:

• Strengthening legal aid systems.

• Using regional languages in courts.

• Simplifying legal procedures to reduce delay.

• Ensuring judges understand the socio-economic contexts of the litigants before them.

Without access, rights are only theoretical.

The Democratic Backdrop: Dissent and Dialogue

Transformative constitutionalism also thrives on democratic dialogue. Dr. Muralidhar highlighted that courts must not operate in silos. Instead, they should maintain healthy engagement with other branches of the state, civil society, academia, and the media.

But this dialogue must also include dissent. He acknowledged that transformative judgments often meet resistance—from social customs, religious norms, or political establishments. However, the judiciary must not back down from hard truths.

“Popular opinion cannot be the measure of constitutional morality,” he said, echoing B.R. Ambedkar’s warnings against majoritarianism.

Dr. Muralidhar emphasized that while judicial decisions may not always align with majority sentiment, they must uphold constitutional commitments. He cited the example of the Sabarimala judgment and the backlash it received, noting that true transformation often begins with judicial courage to stand alone.

Judicial Accountability and Ethical Conduct

Alongside activism, however, comes the duty of restraint. Dr. Muralidhar was candid about the importance of judicial accountability. He advocated for greater transparency in judicial appointments, reasoning in judgments, and the day-to-day workings of courts.

A transformative judiciary, he stressed, must remain conscious of its fallibility and stay connected to the people. Ethical conduct, compassion, and humility are as essential as legal acumen.

Challenges and the Way Forward

Despite the transformative vision, real challenges remain:

• Delay and backlog: Millions of pending cases undermine timely justice.

• Underrepresentation: Marginalised communities are still underrepresented in the judiciary.

• Access to courts: High costs and procedural complexities alienate the poor.

• Political pressure: Courts must assert their independence while navigating volatile political contexts.

Yet, these hurdles make the transformative mandate all the more urgent. Dr. Muralidhar urged legal professionals to remain steadfast in their commitment to constitutional ideals, even when facing political hostility or public skepticism.

A Call to Law Students

In his closing words, Dr. Muralidhar turned to the future—the students. He reminded them that legal education is not simply about mastering statutes and case laws. It is about building character, compassion, and courage.

“You must go where injustice lives—not just the Supreme Court, but the streets, the villages, the margins,” he said.

He encouraged students to use their legal training not just for personal advancement, but to challenge entrenched hierarchies and lift others along the way.

Conclusion

Dr. S. Muralidhar’s address was not just a lecture; it was a manifesto. It called upon courts, lawyers, and students alike to reimagine the law as a living, breathing force capable of reshaping society. In a time when constitutional values are often under strain, his words serve as a timely reminder: the true power of the law lies in its ability to transform lives, empower the marginalised, and remain forever vigilant in defence of justice.