Excelsior Correspondent
JAMMU, Dec 14: State Judicial Academy under the patronage of Chief Justice M M Kumar organized a special lecture on “Revisiting – the Basic Structure of Constitution” by Prof (Dr) Virender Kumar, fellow Emeritus Punjab University Chandigarh.
Pawan Dev Kotwal, Director, State Judicial Academy while conducting the proceedings introduced the objectives of the lecture and gave broader outlines of programme.
Justice Kumar, in his presidential address, lauded the contribution of both the Academicians as well as the Bar in propounding the concepts which were concretized and crystallized in the wisdom of the enlightening judgments of Apex Court.
He elucidated that the concept of basic structure was in fact proposed by Palkivala who argued that, ‘the creature cannot change the creator’. The argument found its way into the landmark judgment of Keshvananda Bharti’s case, 1973 wherein the majority view held that the basic structure of the Constitution cannot be changed by any of the creations of the Constitution. It was neither the supremacy of legislature nor the supremacy of Supreme Court but both of them being creation of Constitution, of course, the supremacy lies in the Constitution.
Justice Kumar further deliberated on the pronouncement of Apex court in IR Coehlo’s case, 2007 wherein there is crystallization of the concept of basic structure. He complemented the development of law especially the journey from 1973 to 2007 wherefrom basic idea of the basic structure of Constitution which was in abstract terms materialized into concrete form. He also recognized the contribution of common civil law in contributing the development of the Constitutional law and emphasized common law application is nothing but a common pool of wisdom passed over the generations of judicial decisions, which help to find the concepts of justice.
He emphasized upon the State Judicial Academy to organize such type of interactive lectures more often so that complex constitutional concepts are discussed threadbare between the members of the judiciary, the bar and the academicians including research scholars and students.
Earlier, Prof (Dr) Virender Kumar discussed threadbare the development of constitutional law especially the concept of ‘Basic Structure of the Constitution’ and said that supremacy of the Constitution is the basic structure of the Indian Constitution and none of the organs can over ride it or destroy it.
Those attended the lecture included Justice Tashi Rabstan, Justice B L Bhat, Suresh Kumar Sharma, Registrar General, High Court, President, Bar Association and Senior Advocate, M K Bhardwaj, Prof Kulwant Singh, HoD, Law Department, University of Jammu, Faculty Members of Law School, Jammu University, Judicial Officers of Jammu province, officers of the High Court Registry, Law Students of Dogra Law College, K.C. Law College, Parade College for Women, Women College, Gandhi Nagar and MAM College, Jammu.
Vote of thanks was delivered by Suresh Kumar Sharma, Registrar General, High Court.
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