Former Supreme Court judge Justice Rohinton Nariman has warned that events similar to the Jallianwala Bagh massacre could occur if the 'basic structure' doctrine of the Constitution is diluted. In his new book, 'The Basic Structure Doctrine: Protector of Constitutional Integrity,' Nariman argues that the 1973 Kesavananda Bharati judgment, which established the doctrine, is essential for protecting fundamental rights and preventing constitutional amendments that could lead to such tragedies. Nariman's concerns are echoed by Supreme Court judge Justice K V Viswanathan, who applauds the book for its "chilling clarity" and underscores the importance of the Kesavananda Bharati ruling. The book provides a detailed analysis of the doctrine and its implications, highlighting the robustness of the Kesavananda Bharati judgment and the lack of a compelling alternative theory.
There are many instances in the past where the top court sat through midnight to hear the special cases.
The observation came when Upadhyay, a lawyer, said since population comes under the concurrent list of the Constitution state governments can also make laws to control it.
A distinguished jurist and former chairman of the National Human Rights Commission, 75-year-old Venkatachaliah was presented the prestigious Padma Vibhushan by President Kalam.
'Whether Lord Ram is a historical person is not the subject before the court.' 'The court was asking every time if can anyone show the exact birthplace of Lord Ram on the basis of documents.' 'I have shown that on the basis of documents. And these documents are not (based) on my beliefs.'
Venugopal, who is the recipient of Padma Vibhushan and Padma Bhushan, is likely to represent as the top law officer for the second time, as he was one of the Additional Solicitors General during Morarji Desai's government.
'My question is not why he has accepted the governorship, my question is why did the government offer it to him? By his accepting it, an impression is sought to be created that judges are no better than anyone else and will accept anything.' Fali Nariman, the legendary lawyer, speaks on the controversy over the National Judicial Appointments Bill and former Chief Jusice P Sathasivam's appointment as Kerala governor in an exclusive interview.
Senior advocate K K Venugopal's name has been cleared for appointment as the Attorney General for India, following the decision of Mukul Rohatgi to step down as the top law officer.
'The time has come to substitute the present Constitutional set-up with an alternative democratic framework,' argues B S Raghavan, the distinguished civil servant.
'If you solve it in one day, it will go after a day.' 'If it is there for 100 years or 1,000 years, reservation has to continue.'
'When you start delving deeper into these disappearances, you have to face the question: Was it a policy at the State level?' 'It surely couldn't have been random officers acting on their own.' 'Was it planned? What does it mean if the State allows its police to become lawless and act with impunity?' 'Perhaps the NHRC, for the 21 years that it has been seized of the matter, avoided these questions.'
'The innate fascism of the RSS is overshadowing Modi's development programme,' says Amulya Ganguli.
The government and opposition were on Thursday united in criticising the functioning of the judiciary while seeking to scrap the collegium system of appointing judges to higher courts, saying it is essential to restore the delicate balance of power which has been disturbed.
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