The role of Constitutional Institutions in Democracy and Access to Justice for Common People 

Distinguished dignitaries and fellow citizens, It is both an honour and a responsibility to speak today on the theme The role of Constitutional Institutions in Democracy and Access to Justice for Common People We gather at a defining moment in democratic history — not only for India, but for the world. Across continents, democracies are confronting deep questions about identity, accountability, equality, and the relationship between citizens and the State. In such times, constitutionalism is not merely a legal doctrine; it becomes the moral and intellectual foundation for preserving democratic civilization itself.

India’s democratic experiment is among the greatest political transformations in human history. When India attained Independence in 1947, the nation was not simply breaking free from colonial rule. It was attempting something far more ambitious: transforming an ancient, deeply stratified society into a modern constitutional democracy founded upon liberty, equality, justice, dignity, and fraternity.

For centuries, people across the subcontinent had lived as subjects — governed by monarchs, empires, caste hierarchies, and social inequalities. Independence marked the moment when millions became sovereign citizens for the first time. The Constitution of India emerged as the instrument through which political freedom would be converted into social transformation.

The framers of our Constitution understood a profound truth: political independence without social equality would remain incomplete. They recognized that India’s diversity — of religion, caste, language, ethnicity, and culture — could either become the basis of conflict or the foundation of democratic unity. Their answer was constitutionalism.

Constitutionalism is not confined to legal procedures or institutional arrangements. It is the philosophy that places limits on power and protects the dignity of human beings. It ensures that governments remain accountable to citizens, that laws apply equally to all, and that public institutions function according to reason, fairness, and justice.

At its core, constitutionalism asks one fundamental question: Who is sovereign — the State, a ruler, or the people?

In a constitutional democracy, sovereignty belongs to the people. Governments derive legitimacy from citizens. Institutions exist to serve society, not dominate it. The Constitution becomes the social contract that binds citizens and the State through rights, duties, and accountability.

This principle is especially vital in a country like India. Ours is not a homogeneous nation-state built around a single ethnicity or religion. India is a multi-plural civilization where many identities coexist. Such diversity cannot be sustained by domination or exclusion. It can survive only through constitutional values that guarantee equal respect and equal citizenship to all.

This is why secularism occupies such an important place in the Indian constitutional framework. Secularism in India does not mean rejection of religion. Rather, it means equal respect for all faiths and principled distance by the State from all religions. In a society of immense religious diversity, this principle is essential for maintaining trust between communities and confidence in democratic institutions.

Similarly, social justice and affirmative action were incorporated because the Constitution sought not merely political democracy, but social democracy. The framers understood that societies marked by historical oppression cannot become truly democratic without correcting inequalities. Equality before law alone is insufficient if large sections remain socially and economically marginalized.

The Constitution therefore became an instrument of inclusion. It sought to protect the weak, uplift the disadvantaged, and create opportunities for those denied dignity for generations.

Yet, constitutional democracy cannot survive merely through written laws. Institutions are only as strong as the public culture that sustains them. Dr. B.R. Ambedkar warned the Constituent Assembly that constitutional morality is not a natural sentiment; it must be cultivated. That warning is more relevant today than ever before.

Around the world, democracies are facing pressures from polarization, misinformation, communal politics, concentration of power, and erosion of institutional accountability. History teaches us that democracies do not collapse overnight. They weaken gradually when constitutional principles are ignored, when public institutions become partisan, and when citizens cease to value liberty, equality, and truth.

The dangers are especially severe in societies where identity politics overshadows constitutional ethics. Majoritarian politics often presents itself as the voice of the majority community, but history repeatedly demonstrates that societies built on exclusion ultimately weaken themselves.

When citizens begin to distrust one another on the basis of religion, caste, ethnicity, or language, the emotional foundations of democracy begin to erode. Public discourse shifts from common welfare to communal fear. Accountability gives way to personality cults. Institutions become vulnerable to political capture. The rule of law weakens, and democratic freedoms slowly diminish.

The twentieth century offers painful examples of how divisive politics damaged societies across the world. Nations fractured by ethnic conflict, sectarian violence, and authoritarian nationalism remind us that constitutional democracy cannot survive without inclusion and public trust.

India’s own democratic resilience depends upon strengthening the principles that prevent concentration of power and preserve public accountability. Among these principles are:

• sovereignty of citizens,

• supremacy of the Constitution,

• rule of law,

• separation of powers,

• checks and balances,

• judicial independence,

• federalism,

• freedom of the media, and

• accountability of the State to society.

These principles are not abstract legal theories. They are practical safeguards that protect ordinary citizens from arbitrary authority.

The rule of law ensures that no individual, regardless of office or status, stands above the law. Separation of powers prevents excessive concentration of authority in any single branch of government. Judicial independence protects citizens against misuse of executive power. Freedom of the press enables society to question authority and expose injustice. Federalism allows diverse regions and cultures to participate meaningfully within the Union.

Together, these principles preserve democratic balance. When they weaken, democratic institutions become vulnerable to authoritarian tendencies.

The question before us, therefore, is not merely how to preserve elections, but how to preserve constitutional culture itself. Democracy is more than voting every few years. A functioning democracy requires informed citizens capable of critical thinking, ethical reasoning, and public participation.

This brings us to perhaps the most important challenge of our times: education.

A democratic Constitution can survive only if citizens understand its purpose and values. Constitutional literacy must become a central part of national life. Students should not graduate from schools and universities without understanding the meaning of justice, liberty, equality, fraternity, secularism, federalism, and democratic accountability.

Constitutional education must go beyond rote memorization of Articles and provisions. Young people must understand why constitutional values matter for social harmony, national unity, and human dignity. They must learn how constitutional breakdowns in different parts of the world led to conflict, instability, violence, and authoritarianism.

Educational institutions therefore have a profound responsibility. Schools and universities must become spaces where democratic habits are cultivated through debate, dialogue, questioning, research, and public reasoning. Students should learn to engage with disagreement respectfully, reject prejudice, and value evidence over propaganda.

The development of constitutional culture also requires empathy. Democracies survive not only through laws, but through moral imagination — the ability to see dignity in others, especially those different from ourselves. Constitutional morality teaches us that every citizen deserves equal respect regardless of religion, caste, gender, language, or economic status.

India’s future generations must inherit not merely a constitutional document, but a constitutional consciousness.

The role of Lawyers in creating awareness about the constitution is critical. They should not limit themselves only to interpreting or applying the provisions of law but should also involve themselves in creating awareness about the basic concepts of law and should become the guardians for implementation of the constitutional values. Universities can become centres for constitutional dialogue and research. The need of the hour is to take initiative to  setup Constitution clubs, organize debates and mock parliaments etc. to develop confidence, leadership, and democratic responsibility.

At the same time, democratic governance itself must reflect constitutional ethics. Public institutions must function transparently and independently. Accountability mechanisms must remain strong. Citizens must have confidence that justice is impartial and that the State serves all communities equally.

Corruption, misuse of power, suppression of dissent, and erosion of institutional autonomy weaken democracy from within. Constitutionalism therefore demands not only rights for citizens, but ethical conduct from those entrusted with public authority.

In this regard, freedom of the media becomes indispensable. An independent press is the voice of sovereign citizens. It enables public scrutiny of power, exposes failures of governance, and protects democratic discourse from manipulation. Democracies weaken when information becomes controlled, distorted, or subordinated to partisan interests.

Similarly, civil society, academia, the judiciary, and citizens themselves all play essential roles in defending constitutional democracy. No Constitution can protect liberty if society itself becomes indifferent to injustice or intolerance.

The future of Indian democracy will ultimately depend upon whether constitutional values become embedded in everyday public life.

Will we define citizenship through equality and dignity, or through fear and exclusion?

Will public debate focus on welfare, education, health, and economic opportunity, or be consumed by polarization and identity conflicts?

Will institutions remain accountable to citizens, or become instruments of concentrated power?

These are not merely political questions. They are civilizational questions.

India’s constitutional vision remains one of the most remarkable democratic experiments in the modern world. It offers the possibility of unity without uniformity — a nation held together not by coercion, but by shared constitutional principles.

Our Constitution recognizes that diversity is not a threat to national unity; injustice is. Exclusion is. Inequality is. The answer to social fragmentation is not domination, but deeper constitutionalism.

The responsibility to preserve this vision does not belong only to governments or courts. It belongs to every citizen, every educator, every student, every journalist, every public servant, and every institution committed to democratic life.

The future of constitutional democracy depends upon whether societies can cultivate citizens who value truth over propaganda, reason over hatred, inclusion over exclusion, and constitutional morality over partisan passions.

India’s democratic future will not be secured merely by economic growth or military strength. It will be secured by preserving the trust between citizens and institutions, by defending the dignity of every individual, and by strengthening constitutional values across society.

If we succeed in building such a constitutional culture, India will not only remain the world’s largest democracy — it will become one of humanity’s greatest examples of democratic resilience, pluralism, and moral courage.

Let us therefore renew our commitment to the Constitution — not only as a legal text, but as a living promise to future generations.

A promise that power shall remain accountable.

A promise that diversity shall coexist with unity.

A promise that justice, liberty, equality, and fraternity shall guide the destiny of our Republic.

Access to Justice for common citizens will only remain if the constitutional institutions remain free and independent and the people holding constitutional posts understand and abide by constitutional morality and serve with the commitment to common citizens, otherwise we would only be paying lipservice to the constitution while acting otherwise.

Thank you.