In recent discussions, Chief Justice of India (CJI) D.Y. Chandrachud emphasized that certain fundamental rights are beyond the reach of the majority and cannot be altered through referendums. He stated that in a constitutional democracy like India, the will of the people must be expressed through established institutions, and there is no provision for referendums in the Constitution. CJI Chandrachud also highlighted that while the majority will have its way, the minority must have its say, underscoring the importance of protecting the rights of minorities in a democracy .
These remarks align with the Supreme Court’s stance on various issues, reinforcing the principle that fundamental rights are safeguarded against majoritarian impulses and must be upheld by constitutional mechanisms.
Sources