It is judiciary's duty to uphold rule of law: SC Judge

Courts have intervened and struck down Constitution amendments when they affected fundamental rights as it was the duty of the judiciary to uphold rule of law, Supreme Court Judge Justice Rohinton Fali Nariman said today.
Giving a lecture on the "Doctrine of Basic Structure under Indian Constitution" at the Madurai Bench of the Madras High Court Bar Association here, he said what constituted the basic structure of Constitution is still debated among legal luminaries and compared it to an elephant which six blind men tried to identify.
Even with regard to fundamental rights, there were debates over what constituted the fundamental right, he added.

"Though Constitution itself is supreme, amendments had been made. But some of them had been struck down. While the others upheld to meet the needs of the people of the country, like property right and land reforms," he said.
The court had struck down the amendments when it affected the fundamental right of the man and disturbed the rule of the law to favour one or two persons, he said.
"The preamble of the Constitution itself gives a picture of the basic structure. It ensured secularism and gave freedom of expression, belief, faith and worship and equal opportunity.It also ensured that dignity of the individual and unity and integrity of the nation," he noted.

The basic structure also established three organs of the state namely executive, judiciary and the legislature and it was the duty of the Judiciary to uphold the rule of the law, he said.

That was why some amendments had been taken up before the court for judicial review. For example fair and free election could be held only if the rule of law was implemented, he said.
Justice Ibrahim F M Kalifulla said judiciary, executive and legislature formed basic structure of the Constitution. He said like base was important for a building, basic structure was important for Constitution and it should not be disturbed.

Justice Rohinton also released a book on "Independence of Judiciary" written by Justice V Dhanabalan. Justice S Tamilvanan presided over the function.