Retired Supreme Court Judge, Justice Kurian Joseph to shortly begin speaking on the "Significance of Constitutional Values in the 21st Century" in a virtual discussion hosted by LEX MACULA.

The event is being live-streamed on YouTube here:
Justice Kurian Joseph begins his address: Our Constitution is a unique one... It's a Constitution of, by, for the people because it is a country that exists for the people. It does not owe to anybody else - only the people.
Justice Joseph says it is akin to a building that is constructed on five pillars i.e. sovereign, socialist, secular, democratic, republic.
Justice Joseph speaks on "democracy" :

People elect their own government and the government rules the country for the people - not for anything else. The moment the government does not rule for the people, you pull them down. Because the government should be for the people.
Justice Joseph on the saying that "you get the government you deserve":

It is you who elects a person to the Parliament, it is your voice he represents.
Justice Joseph adds that philosophically or practically this means that everyone in this country has a space. If you have space in the country, it becomes your country.
Justice Joseph: Citizenship gives you a space. And this space does not depend on how much money you have, or gender, or caste or what food you eat or dress you wear etc. You have a great status in this country. You have a right to say you have a space.
Justice Joseph: Nobody can deny me that space (of a citizen), one cannot uproot me... Even if I commit a crime, I would be jailed in this country only ...
Justice Joseph: Every citizen has a voice. The moment you are denied your voice, you don't live in a democratic country and you don't get assured of your democratic rights.
Justice Joseph says that democracy is not a system of governance alone, it is a system of living, where everyone has a space in the country and where "everyone who has a space in the country as a citizen has a voice to raise."
Justice Joseph adds the moment you are silenced, or not allowed to speak, democracy is gone.
Justice Joseph says that secularism, like the other pillars, is part of the basic structure of the Constitution.

Justice Joseph: If something is built on five pillars, you cannot remove one pillar. It loses its support ... It cannot be removed or tinkered with.
Justice Joseph refers to the numerous amendments made to the Constitution of India. He notes that they were tested on the Basic Structure.
Justice Joseph observes that even Constitutional amendments brought even with an absolute majority cannot take away the basic structure.

"It is beyond the amending power of the parliament."
This (Basic Structure Doctrine) has been settled by a Constitution Bench of the Supreme Court in Keshavanadha Bharathi's case, Justice Joseph recounts.

He explains that Constitution Benches decide on significant questions involving the interpretation of the Constitution.
Independence of the Judiciary, secularism, democracy - all have been held to be part of the Basic Structure, Justice Joseph adds.
Justice Joseph: Secularism is part of the Basic Structure of the country, not simply of the Constitution.
Justice Joseph: Secularism does not mean that India does not have an official religion unlike its neighbour Pakistan where there is an official religion (Islam)... here (in India), the country belongs to the people, not to any divine source...
Justice Joseph: ... but this country does not deny the existence of divine powers. That is the beauty of Indian secularism.
Justice Joseph: It does not belong to any particular religion or owe allegiance to a particular religion, but it respects and it protects and promotes religious freedom and the right of the people to believe in a religion of their choice.
Justice Joseph: It is neither owing allegiance to a particular religion nor it denies the role religion can play in making a person a better person and moulding her as a better citizen. This is the role of religion, the country has recognised it.
Justice Joseph: Secularism of India is a right of the people to believe in religion or not to believe in a religion. That's why Article 25 of the Constitution speaks of freedom of religion and "freedom of conscience."
Justice Joseph: Now there is a lot of discussion on every State competing to legislate on #LoveJihad laws, restricting the freedom of religion etc. That's on conversion.
Justice Joseph: Religion is a matter of faith and a of your conscience. Nobody can allure you or threaten you. If so, it is certainly not an exercise of free will. This country respects your free will so no one can either forcefully convert you or appease you for conversion
Both are wrong, Justice Joseph adds (referring to forced religious conversion or conversion for appeasement)
Justice Joseph: But no one can prevent you from getting converted. Today I am a Christian. If today I feel I want to become a Hindu, nobody can prevent me. Tomorrow, if I want to become Muslim, no one can prevent it. Day after, if I want to become a Parsi, no one can prevent it.
Justice Joseph: Dr Ambedkar converted to Buddhist, though born and brought up in the Hindu religion.
Justice Joseph: Conversion by force or duress or by allurement is wrong. It should be left to the individual to make a free choice out of his free will.
Justice Joseph: A fear psychosis as such is introduced in this country that if you change your religion, you would be either finished or cease to be having a position in society. That is certainly wrong, undemocratic and unconstitutional.
Justice Joseph: You have the right to choose any religion of your choice... our country is not of any (one) religion. More than 70% of people believe in the Hindu religion, still India does not have an official religion.
Justice Joseph: India does not belong to a Hindu religion. Officially we are not attached to a religion. Constitutionally, we are open to all religions. That is the beauty of it.
Justice, liberty, equality (rights) and fraternity (a duty) are the four sub-pillars of the Constitution of India, Justice Joseph says.
Liberty has five sub-pillars, Justice Joseph says - thought, expression, faith, belief and worship.
Justice Joseph refers to Article 21: Liberty is so closely linked to the right to life. The whole reflection of your existence is liberty. There is no life without liberty, there is no liberty without life.

Justice Joseph is speaking in a virtual discussion hosted by @LexMacula
Justice Joseph, referring to "life" and "liberty" under Article 21:

They are sides of the same coin. It is available to all persons, not only citizens
Justice Joseph says that all persons are entitled to "dignity", regardless of religion, gender, language, wealth, political affiliation, location, caste, community etc.
Transgender persons are entitled to the same rights as any other person, man or woman. They are also persons, citizens, they cannot be discriminated against: Justice Joseph underscores.
Justice Joseph speaks on how gender equality, upholding of the dignity of women would only come with a change in the mindset of the people.
The dignity of a woman and gender equality - that is something that has to go to the mindset of the general public of this country. No execution or capital punishment will give you this message: Justice Joseph
Had it been so, after #Nirbhaya's case, India should have been a very safe place for women to walk on the streets, alone or in company, day or night: Justice Joseph
Justice Joseph speaks of how women are still being viewed as "commodities for consumption."

Men, owing to economic, social, political, communal factors, subjugate and subdue the dignity of women. This mindset has to change: Justice Joseph.
Justice Joseph: Your right to live in this country should not depend on whether you are a man or a woman or a transgender person, whether beautiful or ugly, whether poorly clad or robustly dressed, rich or not, religion, political affiliation etc.
Justice Joseph: A counter-culture is supremely important for a democratic country. When the counter-culture is suppressed, it is not a democratic country.
Justice Joseph says that constant vigilance by citizens is required to ensure that democracy does not fade away or assume a different form.
When you see undemocratic, unjust, discriminatory, suppressive, oppressive tendencies and voices around you - raise your voice, stand up and speak out. Become a responsible citizen. The dignity of your brothers and sisters are in your hands: Justice Joseph
After Justice Joseph concludes his address, the discussion moves on to the Q&A session.

Justice Joseph answers Qn on ideal judicial conduct. He says what is important is that a Judge bears "true faith and allegiance to the Constitution"

This means your allegiance shall not be coloured by political, communal, philosophical bias, or bias of arbitrariness: he adds.
On the "bias of arbitrariness", Justice Joseph explains that it is an attitude where the Judge assumes he knows everything.

Judges cannot claim the monopoly of knowledge. A judge is always taught by lawyers - but it should be taught in the right way, that is all: Justice Joseph
Justice Joseph: One failure of democracy in the country as of now is on the part of the trends I see in the community of advocates here. Where is their voice now?
Justice Joseph: When things go Constitutionally wrong, it has always been the advocates who have been raising their voice. Where are they now? They are also divided politically, communally, in protecting their own self-interest.
Justice Joseph: The moment you don't have a unified Bar, in terms of the independence of the Constitutional functioning of the Court, things will go wrong. Things are likely to go wrong, things are going wrong.
Justice Joseph adds - referring to the Bar as "watchdogs" - that things go wrong because "there is no Bar which barks when things go wrong."
Justice Joseph: Unfortunately, the watchdogs of this country - Advocates in the Judicial system - are not barking the right way and they are not able to bite.
Justice Joseph: They will bite or bark looking at the person - if the thief belongs to their religion, they will not bark, if the thief belongs to their political party or caste, they will not bark. The fact that there is a thief is compromised for biases.
Justice Joseph: A duty of a lawyer is to think beyond all those things (religion, politics etc.). Unfortunately, across the country, the Bar is losing its moral power and its power as a real watchdog.
Justice Joseph: I have never seen the Supreme Court of Inda Bar so politically and communally divided. And that is the situation in several High Courts across the country also.
Justice Joseph adds that an objective approach to the Constitution is being lost. It is a subject approach now, he says.
Fundamental duties came when democratic rights were denied: Justice Joseph says, answering another question.
Justice Joseph: Casteism, communalism, corruption and the threat to the independence of the judiciary, from within and outside, these are the four dangers I see in the 21st century.
Justice Joseph says that the threats to the independence of the judiciary are from within the judiciary as well.

"... it is from within also, unfortunately, I plead, it is from within also", he remarks.
Justice Joseph: If we have an independent judiciary, nothing can touch this country, because this country has always withstood onslaughts only because of an independent judiciary.
Justice Joseph says that the moment the judiciary's independence is compromised, or there is a perception it is likely to be or it is already compromised, or there are signs of such compromise - we lose our confidence.
That confidence of Constitutional institutions has been shaken...Why should I blame judiciary alone? Look at any Constitutional institution, has its credibility not been shaken? : Justice Joseph
Election Commission, CAG, UPSC, all regulators - MCI, BCI, UGC, Statistical commission, which we thought would not think about it, RBI - take any sector, I am asking you to make an introspection. Has its credibility not been shaken?: Justice Joseph
This is a very dangerous thing. The credibility of a Constitutional institution like the judiciary or election commission or CAG and institutions of Constitutional significance and importance shall not depend on the colour/strength/political power of the government: Joseph J.
It shall depend only on the Constitutional integrity and nothing else: Justice Joseph adds.
Is there any investigating agency whose credibility has not been shaken or attacked on its independence?: Justice Joseph
We used to speak so proudly of investigating agencies: Justice Joseph adds
Let's think of an India where your ideology, wealth, ideology, power, politics, gender, religion, language, colour etc. does not matter: Justice Kurian Joseph says as part of his final remarks, following another question.
At least lawyers - it is the law that is important to us, not any other emotion. Let us be governed by law: Justice Joseph
Wherever things go wrong, say you are wrong. Whenever I commit a mistake, it does not depend on whether somebody else sees or not. Live a law-abiding life. Never take pride in breaking the law. Help people to follow the law. Assist those who stand up for others: Justice Joseph
Be a human being first: Justice Joseph says as he ends his address.

The event concludes after the vote of thanks.


More from Bar & Bench

More from All

कुंडली में 12 भाव होते हैं। कैसे ज्योतिष द्वारा रोग के आंकलन करते समय कुंडली के विभिन्न भावों से गणना करते हैं आज इस पर चर्चा करेंगे।
कुण्डली को कालपुरुष की संज्ञा देकर इसमें शरीर के अंगों को स्थापित कर उनसे रोग, रोगेश, रोग को बढ़ाने घटाने वाले ग्रह

रोग की स्थिति में उत्प्रेरक का कार्य करने वाले ग्रह, आयुर्वेदिक/ऐलोपैथी/होमियोपैथी में से कौन कारगर होगा इसका आँकलन, रक्त विकार, रक्त और आपरेशन की स्थिति, कौन सा आंतरिक या बाहरी अंग प्रभावित होगा इत्यादि गणना करने में कुंडली का प्रयोग किया जाता है।

मेडिकल ज्योतिष में आज के समय में Dr. K. S. Charak का नाम निर्विवाद रूप से प्रथम स्थान रखता है। उनकी लिखी कई पुस्तकें आज इस क्षेत्र में नए ज्योतिषों का मार्गदर्शन कर रही हैं।
प्रथम भाव -
इस भाव से हम व्यक्ति की रोगप्रतिरोधक क्षमता, सिर, मष्तिस्क का विचार करते हैं।

द्वितीय भाव-
दाहिना नेत्र, मुख, वाणी, नाक, गर्दन व गले के ऊपरी भाग का विचार होता है।
तृतीय भाव-
अस्थि, गला,कान, हाथ, कंधे व छाती के आंतरिक अंगों का शुरुआती भाग इत्यादि।

चतुर्थ भाव- छाती व इसके आंतरिक अंग, जातक की मानसिक स्थिति/प्रकृति, स्तन आदि की गणना की जाती है

पंचम भाव-
जातक की बुद्धि व उसकी तीव्रता,पीठ, पसलियां,पेट, हृदय की स्थिति आंकलन में प्रयोग होता है।

षष्ठ भाव-
रोग भाव कहा जाता है। कुंडली मे इसके तत्कालिक भाव स्वामी, कालपुरुष कुंडली के स्वामी, दृष्टि संबंध, रोगेश की स्थिति, रोगेश के नक्षत्र औऱ रोगेश व भाव की डिग्री इत्यादि।
1️⃣ #KashmiriPandits के खिलाफ आतंकवाद का ये खूनी खेल शुरू हुआ था साल 1986-87 में, जब सलाहुद्दीन और यासीन मलिक जैसे आतंकवादियों ने J&K का चुनाव लड़ा॥

नेशनल कॉन्फ्रेंस और कांग्रेस के गठबंधन की सरकार बनी लेकिन वहां हुकूमत चल रही थी आतंकवादियों और अलगाववादियों की. #KashmirExodus1990

2️⃣ चुनावों में हार से नाख़ुश यासीन मलिक का संगठन JKLF (Jammu Kashmir liberation front) जो “भारत से अलग” होना चाहता था उसने पाकिस्तान के साथ मिलकर घाटी में “आतंकी प्रवृत्ति को बढ़ाकर कश्मीरी पंडितों को कश्मीर घाटी से निकालने के षडयंत्र” के तहत अपने संगठन को विस्तृत करना शुरू किया॥

पाकिस्तान की मदद से JKLF ने अपने सदस्यों को POK मैं आतंकवाD की ट्रेनिंग दिलवाई,हथियार मुहैया करवाये JKLF ने कश्मीर घाटी के लोगों को भारत और कश्मीरी पंडितों के ख़िलाफ़ भड़काना शुरू किया, हालात यहाँ तक बिगाड़ दिए थे की JKLF के आतंकी घाटी की गलियों में AK-47 लेके घूमते थे!

4️⃣1988 अंत तक JKLF ने भारत से कश्मीर को आज़ाद कर ISLAM!C RULE (निज़ाम-E-मुस्तफ़ा) स्थापित करने के लिए अपनी आतंकी गतिविधियों को तेज कर दिया, कश्मीर घाटी में कश्मीरी पंडित Minority मे थे; जो कश्मीरी पंडित भारत के साथ रहने की बात करता था उसको को जान से मारने की धमकी दी जाने लगी॥

5️⃣ तत्कालीन पाकिस्तान के प्रधानमंत्री बेनज़ीर भुट्टो ने कश्मीर घाटी में जिहाD को बढ़ावा देने के लिए POK में सैकड़ों कश्मीर घाटी के उग्रवादियों को Training देकर आतंकी बनाया और हथियार मुहैया कराए गए॥ कश्मीरी पंडितों में डर फैला कर घाटी से निकालने के लिए TARGET करना शुरु हो चुका था॥

You May Also Like
Viruses and other pathogens are often studied as stand-alone entities, despite that, in nature, they mostly live in multispecies associations called biofilms—both externally and within the host.

Microorganisms in biofilms are enclosed by an extracellular matrix that confers protection and improves survival. Previous studies have shown that viruses can secondarily colonize preexisting biofilms, and viral biofilms have also been described.

...we raise the perspective that CoVs can persistently infect bats due to their association with biofilm structures. This phenomenon potentially provides an optimal environment for nonpathogenic & well-adapted viruses to interact with the host, as well as for viral recombination.

Biofilms can also enhance virion viability in extracellular environments, such as on fomites and in aquatic sediments, allowing viral persistence and dissemination.