‘We Need More Bold & Courageous Judges’: Justice Ujjal Bhuyan Emphasizes Judiciary’s Role in Protecting the Constitution

At a farewell event hosted by the Bar Council of Maharashtra and Goa in honour of retired Supreme Court judge Justice Abhay S. Oka, sitting Supreme Court judge Justice Ujjal Bhuyan delivered a thought-provoking address on the enduring strength of India’s Constitution and the critical role played by the judiciary.

Justice Bhuyan stressed that the survival and integrity of the Constitution hinge upon the presence of bold and courageous judges in the judiciary. Citing Caroline Kennedy, he remarked, “The foundation of any democracy is the rule of law, and that requires an independent judiciary capable of taking decisions without interference from political forces.” He added that India has witnessed such courageous judges in the past and will continue to see more, which is essential for the Constitution’s resilience.

Reflecting on the life and contributions of Justice Oka, Justice Bhuyan drew parallels between Kennedy’s observation and the Indian legal landscape, emphasizing that the need for fearless judicial voices has never been more relevant.

Delving into constitutional history, Justice Bhuyan traced the origins of the “basic structure doctrine” to the 1963 judgment by the Pakistan Supreme Court in Fazlur Kadir Chaudhary vs Mohammad Abdul Haq. He described this case as the first emergence of the idea that certain constitutional principles are inviolable.

He also touched upon the Indian Supreme Court’s landmark ruling in Kesavananda Bharati v. State of Kerala, which established the basic structure doctrine in Indian constitutional law. While acknowledging that the judgment has faced criticism for allegedly being undemocratic, he firmly disagreed with that view. Justice Bhuyan noted that the doctrine has been upheld in at least ten decisions by the Supreme Court's Constitution Benches.

Turning to the topic of judicial appointments, Justice Bhuyan addressed the controversy surrounding the National Judicial Appointments Commission (NJAC) Act, which sought to replace the Collegium system. He noted that the NJAC was invalidated by the Supreme Court on the grounds that it compromised the independence of the judiciary and violated the principle of separation of powers.

He referred to former Finance Minister Arun Jaitley’s critique of this verdict, where Jaitley lamented what he called the “tyranny of the unelected,” questioning how unelected judges could override laws made by elected lawmakers. Justice Bhuyan dismissed this criticism, calling it entirely untenable and contrary to constitutional values.

In concluding his remarks, Justice Bhuyan invoked a prescient observation made by India’s first President, Dr. Rajendra Prasad. In 1949, Dr. Prasad had remarked, “We have prepared a democratic Constitution, but the successful working of the Constitutional institutions requires in those who have to work them, willingness to respect the viewpoints of others, capacity for compromise and accommodation.”

Justice Bhuyan reflected on the relevance of those words even today, stating, “What Rajendra Prasad said in 1949 remains just as significant in 2025. The essence of a working democracy lies in mutual respect and cooperation within institutions.”

Through his speech, Justice Bhuyan not only paid tribute to Justice Oka but also delivered a compelling reminder of the judiciary’s enduring responsibility in upholding democratic principles and protecting the Constitution from erosion.