In a recent statement that has sparked considerable debate, former Chief Justice of India, Justice M. H. Khanna, addressed a parliamentary committee, emphasizing a critical distinction between constitutional validity and desirability. His remarks highlight a fundamental aspect of legal interpretation and governance: just because a law is constitutionally valid does not automatically render it desirable or beneficial for society. This perspective invites lawmakers to critically assess the broader implications of legislation beyond mere legal compliance.
Justice Khanna’s assertion encourages a more holistic approach to lawmaking, urging parliamentarians to reflect on the social, ethical, and moral dimensions of the laws they enact. He pointed out that laws must not only adhere to constitutional mandates but also resonate with the values and aspirations of the populace. This sentiment resonates deeply in a democratic society, where the rule of law should serve as a tool for justice, equity, and progress. It is essential for legislators to balance their legislative authority with the responsibility of ensuring that laws promote the common good.
Moreover, Justice Khanna’s comments serve as a reminder of the judiciary’s role in evaluating the impact of legislation. While the courts are tasked with interpreting the constitutionality of laws, they must also consider the potential consequences of those laws on individual rights and societal well-being. This underscores the importance of dialogue between the legislative and judicial branches, where both entities work collaboratively to ensure that laws are not only valid but also just and effective.
In conclusion, the former Chief Justice’s insights serve as a clarion call for lawmakers to engage in thoughtful deliberation about the laws they propose and pass. By emphasizing that constitutional validity does not equate to desirability, Justice Khanna advocates for a legal framework that prioritizes human rights and social justice. This discourse is vital in shaping a legal system that not only upholds the rule of law but also reflects the collective values and ethical standards of society, fostering an environment where justice can truly thrive.
