The Hindu : National : Gujral for harmony among organs of State

Online edition of India's National Newspaper
Wednesday, Dec 14, 2005

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National

Gujral for harmony among organs of State

Staff Correspondent

NEW DELHI: The former Prime Minister, I. K. Gujral, on Tuesday released `The Supreme Court versus The Constitution: A Challenge to Federalism,' a book edited by Pran Chopra, political analyst and former Chief Editor of The Statesman.

Mr. Chopra said the book addresses the controversy of the respective powers of Parliament and the Supreme Court in amending the Constitution. The book includes contributions from Mr. Gujral, Lok Sabha Speaker Somnath Chatterjee, former Supreme Court Chief Justice Justice A. M. Ahmadi and director of the National Judicial Academy N.R. Madhava Menon, and senior lawyers P.P. Rao, Fali Nariman and Soli Sorabjee.

Mr. Gujral said there was a national consensus that all three organs of State were important. "The issue is not one of the Supreme Court versus the Constitution, as they are basically interdependent. The issue is how to harmonise this relationship." Pointing to the dangers of imbalances in the system, he said the Emergency was a situation where there was an imbalance, but the Judiciary had not discharged its responsibility with courage at the time.

Judicial activism

The former Chief Justice of the Supreme Court, Justice Venkatachaliah, said that the only justification for judicial activism of a non-elected and non-representative body like the Supreme Court was the `vigorous refreshment it provides to the enforcement of rule of law.' Pointing out that Parliament, which was a creation of the Constitution,could not destroy its identity while amending the Constitution. The Legislature's power of amendment did not include the power to abrogate the basic structure of the Constitution.

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