Dushyant Dave, senior advocate and former president Supreme Court Bar Association and P. Rajeeve, Minister for Law, at the annual lecture of Ernakulam Law College Old Students and Teachers’ Association in Kochi on Saturday.
| Photo Credit: THULASI KAKKAT
Political parties have little respect for the Constitution, and every constitutional institution is under challenge today, Dushyant Dave, senior advocate and former president of the Supreme Court Bar Association, said here on Saturday.
He was delivering the annual lecture organised by the Ernakulam Law College Old Students and Teachers’ Association on ‘Basic structure of the Indian Constitution and present-day challenges’. Taking members of the audience through Constitutional Assembly debates, Mr. Dave said Dr. Ambedkar and his colleagues were for permitting its amendment, so that it would be an evolving document, in keeping with the times. But many of them had the fear that a majoritarian party could unduly amend the document that ought to be treated as sacred.
A multi-party democracy was crucial for the effective functioning of a parliamentary democracy. But often, enforcement agencies are being used to silence opponents. The judiciary has a critical role to play in a majoritarian rule, especially since many laws are being passed without discussion in the Parliament. Those in the government are often unable to look beyond the viewpoint of their party, while the federal system is under threat. For instance, the roll-out of the Goods and Services Tax (GST) has resulted in considerable loss of revenue for States, many of whom now bank mainly on proceeds from liquor sale, he said.
Expressing concern at thousands of young men and women dying in Jammu and Kashmir and northeastern States where the Armed Forces Special Powers Act was in force, and hence little scrutiny was possible, Mr. Dave said that terrorism must be countered strongly, but with supervision. “Judicial review is a basic feature of the Constitution, while the rights and liberty of every person must be upheld. Sadly, most citizens are unaware of their fundamental rights and their right to live with human dignity,” he observed.
In his inaugural address, P. Rajeeve, Minister for Industries and Law, spoke of a ‘conditioning process’ that was on to change the basic structure of the Constitution. Religion is not the basis for citizenship in any modern society. But the contrary is happening here, and it points to a journey from democracy to fascism, he added. In contrast, the recent developments in Israel, which was witnessing unprecedented protests, are a reflection of concerns against reforms that many fear would eat into powers of the judiciary of that country.
Justice Jayasankaran Nambiar of the Kerala High Court delivered the presidential address.
