Saturday, May 8, 2021

Constitution has to prevail, its values should remain sacrosanct: Former CJI Dipak Misra

COIMBATORE, December 21: The nation’s constitution is what prevails and has to prevail and it was the duty of every citizen to see that the constitutional values, norms and nuances remain sacrosanct, said former Chief Justice of India, Dipak Misra on Saturday. He was speaking at the inaugural session of the fourth edition of the Indian Cyber Congress held at a private college in the city.
“Question arises that who is sovereign amongst the three wings of the state — executive, legislative or judiciary. On occasions there you will find there are certain utterances that there is ‘parliamentary sovereignty’. But the Supreme Court time and again has reiterated that there is ‘constitutional sovereignty’, meaning thereby it’s the Constitution that prevails and that has to prevail. It’s the duty of every citizen to see that the constitutional values, norms and nuances are remain sacrosanct,” said Misra.
He said the Article 51A of the Indian Constitution, which gives the fundamental duties, postulates that all of us are required to perform our duties through which the sovereignty and integrity of India are maintained.
Speaking on India’s cyber space, he said every country had its own area in cyber space and they say that was their area and others cannot enter it. “Similarly the stage has come for India to assert a space in the cyber world and to claim and achieve its sovereignty. Unless we do that, we are going to face unacceptable problems,” he said.
Artificial intelligence should be our slave and not our master, he
said, and added that we must master it to use it as we intend to use it. “Human intelligence must always have supremacy.”
On cyber-crimes, he said to tackle it, a legal jurisprudence should to be developed by technological experts who know digital technology and framers of law and other resource persons, so that we are not alien or distanced from other countries and are able to walk hand in hand with them.
“At present as far as cyber-crime is concerned, India’s position is 23. It is not so bad, but we can improve. And for such improvement there has to be strengthening of intelligent investigators, trained and independent ones,” he said. Later, speaking to reporters, he said: “Investigating agencies that investigate into cyber-crimes should be more trained and if required there has to be separate wing for cyber-crimes with specialised training and other resources.”
Elementary principles of cyber space and cyber-crime must be part of the syllabi of college education, said the former Chief Justice. “If it can’t be introduced in syllabi, special extra classes can be held for students who are interested to learn it, so they are aware,” he said.
The event was organised by National Cyber Safety and Security Standards, New Delhi along with ministry of electronics and information technology, Government of India and was held at Sri Krishna College of Engineering and Technology in the city. (TNN)