Guwahati: Supreme Court judge Justice Ujjal Bhuyan has stressed that the rule of law is fundamental to India’s constitutional democracy, warning that the executive cannot assume the judiciary’s role in determining guilt and imposing punishment.

Speaking at the fourth Foundation Day programme of Girijananda Chowdhury University in Guwahati on Saturday, Justice Bhuyan said constitutional safeguards must be upheld and no individual, regardless of their position or power, should be above the law.

“No person, howsoever mighty or powerful, is above the law. It also means that no person, howsoever humble, is beneath the protection of law,” Justice Bhuyan said while explaining the principles underlying the rule of law.

He emphasised that the separation of powers between the executive and judiciary is essential to protecting citizens’ rights and preventing arbitrary exercise of state power.

Referring to the Supreme Court’s observations on punitive demolitions, Justice Bhuyan questioned whether state authorities could impose punishment without a person undergoing trial before a competent court.

“The executive cannot replace the judiciary in performing its core functions,” he said, reiterating that the determination of guilt and the imposition of punishment must follow established legal procedures.

Justice Bhuyan explained that India’s criminal justice system operates through three distinct functions: investigation, prosecution and adjudication. While investigating agencies are responsible for collecting evidence, the prosecution must establish the charges before a court, which ultimately determines whether an accused person is guilty or innocent.

He cautioned against allowing investigating agencies to assume the roles of prosecutors, judges and executioners, saying that such a departure from established procedures would undermine the rule of law.

The judge also highlighted the importance of checks and balances in the criminal justice system, noting that these safeguards remain essential even after the introduction of the new criminal laws in 2023.

Universities have crucial role in upholding rule of law

Justice Bhuyan said universities have a crucial responsibility to promote constitutional awareness, encourage critical thinking and prepare students to become informed citizens who understand their rights and responsibilities.

He argued that education should go beyond the transmission of information and knowledge, equipping students to question authority, assess evidence and engage in reasoned debate.

“A student who learns to respect evidence is less likely to succumb to superstitions. A student who learns to reason is less likely to be swayed by hatred or propaganda,” Justice Bhuyan said.

He added that education must cultivate intellectual humility and respect for the rights and dignity of others, describing teachers as the first custodians of the rule of law.

According to Justice Bhuyan, educational institutions must nurture three essential qualities among students: critical thinking, ethical reasoning and respect for diversity.

“Students must be taught not merely what to think, but how to think,” he said, emphasising the importance of developing independent reasoning rather than encouraging unquestioning acceptance of prevailing ideas.

He further argued that universities must help students examine not only whether an action is possible but also whether it is ethically justified.

“Diversity is not a problem, but strength,” Justice Bhuyan said, stressing the need to cultivate respect for differences from an early age and reject divisions based on identity.

Constitution embodies principles of equality and justice

Justice Bhuyan described the Indian Constitution as a transformative document that seeks to establish a society founded on justice, liberty, equality and fraternity.

He said the rule of law runs through the Constitution and is closely linked to equality before the law, separation of powers, judicial review and accountability.

Referring to the landmark Kesavananda Bharati v. State of Kerala judgment of 1973, he discussed the basic structure doctrine, under which Parliament’s power to amend the Constitution does not extend to destroying its essential features.

He identified parliamentary democracy, judicial independence, separation of powers, judicial review and the rule of law among the fundamental features of the constitutional framework.

Justice Bhuyan also referred to the Supreme Court’s judgments addressing the rule of law, including cases concerning the exercise of executive power and the protection of individual liberty.

He said the rule of law cannot be confined to courtrooms or treated as the exclusive concern of lawyers and judges.

“It touches the lives of every citizen of our country. Therefore, it must be demonstrably understood by our citizens and demanded by our citizens,” he said.

He stressed that citizens must be aware of their constitutional rights and demand accountability from public authorities.

Justice Bhuyan calls for scientific temper

The Supreme Court judge also underlined the importance of developing a scientific temper, linking rational thinking and evidence-based reasoning to the protection of democratic institutions.

Referring to Article 51A of the Constitution, which lists the fundamental duties of citizens, he said developing scientific temper is a constitutional responsibility.

“A society that accepts claims without evidence is susceptible to superstitious beliefs and becomes vulnerable to misinformation,” Justice Bhuyan said.

He warned that societies in which questions are discouraged can become vulnerable to authoritarianism, while unquestioning acceptance of tradition can obstruct necessary social reform.

Justice Bhuyan said universities must encourage students to question unsupported claims, engage in rational debate and develop the ability to distinguish evidence from misinformation.

Concluding his address, he urged educational institutions to empower future generations to protect constitutional freedoms and strengthen democratic values.

He said the rule of law flourishes when citizens are informed, have access to information and can disagree with one another while continuing to respect each other’s rights and dignity.