Secularism is part of basic structure: CJ Indira Banerjee
Indira Banerjee delivers Palkhivala memorial lecture at Sastra varsity.
Thanjavur: Judicial review is the heart and soul of the constitution, said Justice Indira Banerjee, Chief Justice, Madras High court, here on Sunday.
Delivering the Nani Palkhivala memorial lecture at SASTRA deemed university here, Ms Banerjee said that though Constitution provided for its amendment by Parliament, it had also imposed limitations and parliament could bring amendments within the parameters of law and without changing the basic structure only. Supreme Court can interfere and it has also interfered in many amendments brought by parliament. “Supreme court could limit the constituent powers of parliament to amend the constitution,” Ms. Banerjee said.
In the Kesavanandha Bharathi case, the court upheld the right of parliament to bring a bill, but also ensured that basic structure of the constitution should not be amended. Secular and federal characters are defined as some of the basic structures. She said that above all law abiding spirit of people helped in the working of the constitution.
Describing Nani Palkhivala as a multifaceted personality, legal luminary and constitution expert, Banerjee said that Justice H.R.Khanna, former judge of Supreme Court has said that if ten top lawyers of the world are listed, Nani Palkhivala will be one among them.
“Palkhivala had the qualities of a great lawyer. He made in depth study of Law. He was courteous, but firm and persuasive in court. Law students should imbibe these basic qualities of Palkhivala to become eminent lawyers and judges,” she said.
The CJ distributed prizes to winners in the 14th Nani Palkhivala Memorial Tax Moot court competition held in the University She said that Moot courts provided the same conditions as actual courts so that students may get a good practice as a lawyer.
“It is the participation which is more important in a moot court competition than winning or losing,” she said. R.Subramaniam, Judge, Madras High court, R. Sethuraman, vice-chancellor of SASTRA-Deemed University were present on the occasion.