Misconceived perception that traditional values are antithetical to modern democratic ideas, says CJI

New Delhi: Chief Justice of India D Y Chandrachud on Tuesday said there is a misconceived perception that the traditional values of communities of India and Bhutan are antithetical to modern democratic ideas such as liberty, equality and dissent.

Speaking at the third convocation ceremony of Jigme Singye Wangchuck School of Law of Bhutan, CJI Chandrachud said both India and Bhutan are home to communities that rely on traditional community-based dispute resolution and governance mechanisms.

He said that such mechanisms must not be shunned as traditional and archaic. Instead, they must be supplemented by modern constitutional ideas.

"There is often a misconceived perception that the traditional values of our communities are antithetical to modern democratic ideas such as liberty, equality and dissent. However, a dispassionate look at the history of our communities in Asia often yields a different answer," he told the young graduates.

Pointing out that in India, the Constitution itself provides for village panchayats and gram sabhas, CJI Chandrachud said the provisions institutionalised such processes and imbued them with modern political thought and procedure.

"It is this tradition, rather than imported modern values, which explains the central role of public debate in India’s democracy and secular politics," he added.

He said similarly, the Constitution of Bhutan emphasises the concept of environmental stewardship and it declares every citizen a trustee of the kingdom's natural resources and environment for the benefit of the present and future generations and declares it the fundamental duty of every citizen to contribute to the protection and conservation of all forms of ecological degradation.

"The Government pledges to protect, conserve and improve the pristine environment and safeguard the biodiversity of the country; prevent pollution and ecological degradation; secure ecologically balanced sustainable development while promoting justifiable economic and social development," he highlighted.

He lauded the immense cultural and intellectual wealth Bhutan has to offer and said the success of the institution will be a milestone not just for this community, but also for the global legal community.

"I am inspired by the blend of modern, technologically advanced legal education with deep-rooted cultural and ethical values. The immense focus on clinical education, which not only imparts technical skills but also inculcates ethical values and teaches students to appreciate traditional methods of dispute resolution, is a fascinating experiment," he said.

The CJI also said that countries such as Bhutan and India, often find themselves at crossroads with diverse influences, particularly from the West.

"However, nations located in unique historical, social, and cultural contexts, such as ours, must constantly challenge the assumption that these values and principles are universal or always contain the correct answer. The conventional Western definition of 'human rights', which tends to prioritise the individual over the community, while well-intentioned, fails to account for the diverse perspectives and cultural nuances that shape our understanding of justice," he pointed out.

CJI Chandrachud further emphasised that as one engages with the forces of cultural assimilation and globalisation, it is essential that everyone prioritises the preservation of distinct cultural identities.

"This requires a thoughtful and selective approach to adopting global norms, ensuring that they complement and enhance our existing values rather than supplanting them. By doing so, we can foster a cultural landscape that seamlessly blends tradition and modernity, allowing us to forge our own path towards progress and development," he said.

CJI Chandrachud, who is set to superannuate on November 10, said, "I will be demitting office as the Chief Justice of India in November this year, after having served my country for two years. As my tenure is coming to an end, my mind has been heavily preoccupied with fears and anxieties about the future and the past." He said that he has been pondering over questions such as: "Did I achieve everything I set out to do? How will history judge my tenure? Could I have done things differently? What legacy will I leave for future generations of judges and legal professionals?" "The answers to most of these questions lie beyond my control and perhaps, I will never find answers to some of these questions. However, I do know that, over the last two years, I have woken up every morning with a commitment to give the job my fullest and gone to bed with the satisfaction that I served my country with utmost dedication.

"It is in this that I seek solace. Once you have this sense of faith in your intentions and abilities, it is easier to not get obsessed with the outcomes. You begin to value the process and the journey towards these outcomes," the CJI said.