Dushyant Dave Asks 'Are We Failing the Constitution?' at Bashir Memorial Lecture

The Vakkom Moulavi Foundation Trust (VMFT) is set to host a landmark legal discourse when Senior Advocate Dushyant Dave , retired from the Supreme Court of India , delivers the 17th K.M. Bashir Memorial Lecture on September 24, 2026 . Taking place at the Science & Technology Museum Auditorium in Thiruvananthapuram, the lecture will pose a profound and unsettling question to the nation's legal and constitutional conscience: "Are We Failing the Constitution , or Has the Constitution Failed Us?" This thematic inquiry, central to the lecture, is expected to spark deep reflection among legal professionals, scholars, and policymakers on the state of India's constitutional governance and democratic values.

The event forms an integral part of the K.M. Bashir Centennial Celebrations 2025–26, honouring the legacy of the late K.M. Bashir—a statistician, international civil servant, and founder of VMFT—who devoted his life to education, social justice, and communal harmony. The lecture aims to continue his commitment to knowledge, dialogue, and social progress by fostering an informed discussion on the challenges confronting India's constitutional framework.

A Provocative Question for the Legal Community

The central theme of Dushyant Dave's address—whether the Constitution is being failed by its actors, or whether the document itself has inherent shortcomings—resonates deeply in contemporary legal debates. Senior Advocate Dave, known for his incisive courtroom arguments and scholarly contributions to constitutional law, is uniquely positioned to navigate this complex terrain. His lecture is expected to examine recent judicial trends, legislative overreach, executive actions, and the erosion of institutional checks and balances.

According to the organisers, the memorial lecture seeks to "promote informed discussion on constitutional values, governance, and the future of India's democracy." The inclusion of an interaction session suggests that Dave will not merely deliver a monologue but engage with the audience—likely comprising lawyers, judges, academics, and civil society members—in a critical dialogue about the health of the Republic.

The Legacy of K.M. Bashir

Understanding the significance of the lecture requires an appreciation of K.M. Bashir's contributions. Born in 1925, Bashir was a pioneering statistician who served as an international civil servant, working on development and statistical systems for various United Nations agencies. Upon returning to Kerala, he founded the Vakkom Moulavi Foundation Trust with a vision to promote education, rational thought, and social justice. His work emphasised communal harmony and the empowerment of marginalised communities. The centennial celebrations thus provide a fitting backdrop for a lecture that examines the constitutional framework underpinning these very values.

The presence of Dr. Sajitha Bashir, daughter of K.M. Bashir and Executive Vice-Chairperson of VMFT, along with Prof. Jameela Begum, President of VMFT, underscores the personal and institutional commitment to carrying forward his ideals. Their involvement guarantees that the lecture will not be a mere academic exercise but a continuation of a living legacy.

The Lecture's Broader Context

This event occurs at a time when Indian constitutionalism faces multiple pressures. Debates around the independence of the judiciary, the use of anti-defection laws, the scope of fundamental rights, and the balance between federal and unitary powers dominate legal discourse. Senior Advocate Dave's question—whether the Constitution has failed us or vice versa—implicates all these issues. It forces the legal fraternity to introspect on whether the tools provided by the Constitution are adequate or whether the failure lies in their application by successive governments, legislatures, and courts.

The special address by Adv. Fathima Thahiliya, Member of the Kerala Legislative Assembly, adds a political dimension. As a legislator, she can offer perspectives on the practical challenges of governance within constitutional boundaries. The combination of a senior Supreme Court advocate and a sitting MLA ensures a multifaceted analysis that bridges law and policy.

Implications for Constitutional Discourse

For legal professionals, the lecture presents an opportunity to step back from daily casework and engage with foundational questions. The question "Has the Constitution Failed Us?" challenges the notion of constitutional infallibility . It invites scrutiny of whether provisions designed for a 1950s India remain fit for purpose in a rapidly changing society—particularly in areas such as data privacy, digital rights, environmental protection, and social equality.

Conversely, "Are We Failing the Constitution ?" places responsibility on individuals and institutions. It asks whether the spirit of the Constitution is being honoured in letter and action. This line of inquiry is especially relevant in light of recent controversies over judicial appointments, legislative bypassing of parliamentary scrutiny, and the use of sedition and other colonial-era laws .

The lecture's format—with an interaction session—suggests that these themes will be debated, not merely presented. Such dialogue is vital for the legal community to refine its understanding of constitutional governance and to identify actionable reforms.

Impact on Legal Practice and the Justice System

While the lecture is not a court proceeding, its implications for legal practice are significant. The discourse could influence how lawyers argue constitutional cases, particularly those involving the interpretation of fundamental rights, the limits of governmental power, and the doctrine of basic structure. A critical examination of "constitutional failure" may embolden litigators to press for more robust enforcement of rights or to challenge state action on grounds of constitutional morality.

Moreover, the event reinforces the role of public intellectual engagement by senior members of the Bar. Dushyant Dave's willingness to address a broad audience—beyond the confines of courtrooms—demonstrates the importance of legal professionals contributing to societal debates. This can inspire younger advocates to see their work as part of a larger democratic project.

Conclusion

The 17th K.M. Bashir Memorial Lecture promises to be a significant moment in India's constitutional calendar. By posing a stark and necessary question, Senior Advocate Dushyant Dave will compel the legal community to reflect on the health of India's democracy and the Constitution that underpins it. The event honours the legacy of K.M. Bashir while addressing the most pressing issues of our time. For legal professionals, it is an unmissable opportunity to engage with the constitutional dilemmas that shape the Republic's future.