The craftsmanship of a judge lies in interpreting the text of the Constitution with the changing times while keeping the soul intact, the CJI said.
“The basic structure of our Constitution, like a North Star, guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted. The basic structure or the philosophy of our Constitution is premised on supremacy of the Constitution, the rule of law, separation of powers, judicial review, secularism, federalism, freedom and dignity of the individual and unity and integrity of the nation,” he stated.
He was delivering the 18th Nani Palkhivala Memorial Lecture organised by the Bombay Bar Association in Mumbai.
The lecture which largely revolved around Palkhivala, his contributions to law and economics and the CJI’s recollections of the eminent jurist, however might have perhaps been a little more than that.
The CJI seems to have given a veiled but effective response to Vice President (VP) Jagdeep Dhankhar on the latter’s statements about Basic Structure doctrine.
On January 11, Vice President had said that the Supreme Court’s Kesavananda Bharati judgment of 1973 which restricted the power of the parliament to amend the Constitution is incorrect and started a wrong tradition.
The judgment, the VP said, gave the idea that parliament can amend the Constitution but not its basic structure.
“With due respect to judiciary, I cannot subscribe to this. Can this be done? Can Parliament allow that its verdict will be subject to any other authority? In my maiden address after I assumed the office of Chairman of Rajya Sabha, I said this. I am not in doubt about it. This cannot happen,” the VP had said.
The Vice President was speaking at the 83rd All India Presiding Officers’ Conference in Jaipur.
Prior to that, Dhankar had also said that India might be the only country where amendments made by the parliament to the Constitution have been struck down by courts.
Source: Barandbench
