individual's privacy is supreme and should not be disturbed, Chief
Justice of India Dipak Misra said on Thursday.
He said he always believe
that privacy is a constitutional concept and one area where there has
been a surge in constitutional rights was human rights and their
"My house is my castle, how can you disturb me at my
home? Even as a lawyer, you have to have some kind of appointment with
me. My time is my time, my life is my life. My privacy is supreme to
me," he said while delivering M C Setalvad memorial lecture on the topic
of 'Dynamic Ascendance of Constitutional Rights-A Progressive
Justice Misra also spoke on gender equality and mentioned a
case from Madhya Pradesh on a proposal for 50 per cent reservation for
women in panchayat elections.
He said that the argument that women
cannot administer and will depend on their husbands was 'preposterous'.
"Women are more superior to men in most occasions," Misra added.
said that constitutional rights are dynamic and for sake of democracy
should not stop growing as it will contribute to strengthening the
democratic set up.
Justice Misra said rights are 'not ephemeral or
transient', but 'eternal, sublime and constitute the soul and spirit of
"Therefore, constitutional and human rights have to be
honoured and enforced with a tenacious, indomitable and indefatigable
spirit," he said at the lecture organised by the Bar Association of
"It is this quintessential spirit that keeps the torch of
justice burning bright. It is our strong allegiance and fidelity to this
ethos that will lead us on the path of constitutional renaissance and
constant awakening thereby ensuing protection of constitutional rights
for all," the CJI said.
"The Universal Declaration of Human rights and
the International Covenant on Civil and Political rights have served as
an important stimulus for all the three wings of the state, the
judiciary in particular, for implementation of human rights by raising
their status to that of fundamental rights," he said in his speech.
said that constitutional rights have to be construed and developed in a
manner that their real intent and existence percolates to the lowest
rungs of the society and in this exercise an important role is played by
the state which has to ensure effective implementation of the rights.
"The state action has to be concrete and not such that its effects leak
into so many rivulets that they dissipate. Mere rhetoric and passivity
by the state without reflection of serious commitment will only result
in reducing the solemn duty of the State to that of a feigned act of
affectation," Justice Misra said.
According to the CJI, constitutional
rights define and shape the life of citizens and societies in general.
"Their positive exposition and assertive and energetic appreciation
constitute the lifeblood of progressive societies.
"These rights would
become a dead letter without their dynamic, vibrant and pragmatic
interpretation," he said. -- PTI