Justice Rao: India's democracy thrives with judiciary checks on legislature and executive

Authored by - Tanmay (Intern at Legal Soch Foundation)

This news is in reference with the speech delivered by former Supreme Court Justice Nageswara Rao at a recently organised event of All India Lawyer’s Union National Seminar wherein Justice Rao talked about the Constitution of India and basic structure doctrine.

Keywords - Democracy, Constitution, Judiciary, Executive

While addressing a speech at the event of All India Lawyer’s Union National Seminar held recently at Hyderabad, former Supreme Court Justice L. Nageswara Rao in consonance with the past instances, delivered his words upon India’s democracy and its importance on India as a nation. He stated that he "war cry" of politicians regarding Parliamentary dominance is false and India still maintains its democracy since the powers of the Executive and Legislative are restrained. He also highlighted that judiciary acts as an organ which keeps an eye on legislative and executive and acts a crucial element for maintaining the essence of checks and balance between both the organs.

Justice Rao rings up the curtain of the event by embarking on the basic structure doctrine. He got going by saying that how the constituent assembly under the leadership of Dr. B.R. Ambedkar and B.N. Rau played an essential role in making the country independent. He also emphasised on the procedure of how both the leaders of the Constituent Assembly travelled the world and borrowed different provisions from different countries which then transformed into the Constitution of India which took 2 years 11 months for completion of the law book of the land.

Before addressing the impression of basic structure doctrine, he laid emphasise on the part three of the constitution that how it guarantees certain fundamental rights to its every citizen, part four which contains Directive Principle State Policy and its application.

Moving forward with his speech he also delivered his remarkable words on the Keshavananda Bharati Case dictating the basic structure doctrine questioned upon the validity of 24th,25th, and 29th amendments to the constitution which later sought to curtail the powers of judiciary and fundamental rights of the citizen.

Justice Rao also made efforts by giving real existing turmoil that is revolving around Israel. He explained that how Benjamin Netanyahu, the Prime Minister of Israel, brought an overriding clause which gave un upper hand to parliament to supersede the judgement of the judicial panel and officials of the country which specifically involved more representation of the member of the executives in the judicial appointment commission which eventually worked in favour of the executive itself.

Hence, after talking about realistic instances happening globally, he concluded his speech by saying that whether its whichever organ and whatsoever works they do, all of them should raised their hands being in the bracket of the limitation they have given by the law book of the land. There shall not be any biasness in the minds and hearts of the people towards any government, rather the whole significance and importance is to be given to the Constitution of India only.

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