New Delhi, Mar 27 (PTI) Supreme Court judge B R Gavai said it is the courts' duty to ensure that the law remains relevant amid shifting societal norms and added that the Constitution is the evidence of the transformation of the governance structure in India from colonialism to democracy.

Speaking at the Columbia Law School, Justice Gavai said voters have a right to have information about candidates and cited its recent verdict on the electoral bonds issue.

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Disclosure of information on electoral bonds cannot be restricted on grounds of "informational privacy of the financial contributions to political parties", said Justice Gavai, who is in line to become the Chief Justice of India in May 2025.

The courts play a seminal role in reinforcing the supremacy of the Constitution, the judge said during his address on ‘75 Years of Transformative Constitutionalism'.

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The Constitution of India is evidence of the transformation of the governance structure in India from colonialism to democracy and from the “order of the Queen” to the “will of the people”, Justice Gavai said.

"While democracy needs to be protected and upheld at all times by the people, the courts play a seminal role in reinforcing the supremacy of the Constitution and determining the validity of legislative and executive actions on the touchstone of the principles of the Constitution," Justice Gavai said.

The top court judge said principles of democracy and judicial review are intertwined and complementary. These form the core of the basic structure of the Constitution, he added.

The judge said the court has underscored the necessity of the compliance of the electoral process with the principles of the Constitution and the laws for the success of democracy.

"In doing so, it has repeatedly stressed on free and fair participation of voters in the electoral process. The Supreme Court has declared that voters have a right to have information about the antecedents, including the criminal past of candidates contesting elections.

"In a very recent judgment on the validity of anonymous electoral bonds, the Supreme Court held that disclosure of information on electoral bonds to the voter cannot be restricted on the grounds of the informational privacy of the financial contributions to political parties," said the judge, who was part of the bench which quashed the electoral bond scheme.

He said the expansion of the freedom to speech and expression under Article 19(1)(a) to include the right to information is a crucial recognition for the citizenry to effectively participate in the elections, which, in turn, is an intrinsic feature of democracy.

"In conclusion, I would like to say that since its inception, the Indian Constitution has been hailed as a transformative document that seeks to uphold justice, equality, and dignity for all citizens.

"It is the duty of the courts to ensure that the law remains relevant amid shifting societal norms, and when faced with multiple interpretations, the court opts for the one that best advances the constitutional values. Central to this transformative ethos is the role of the Supreme Court, which has to act as the custodian of the Constitution and the ultimate arbiter of justice," he said.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)