Mr Soli Sorabjee delivered a talk on
“Balancing and Rebalancing Judiciary, Legislatures and Executives” as a
part of the Nani A. Palkhivala Memorial lecture series at IIM Indore. Mr
Sorabjee, a Padma Vibhushan awardee, has served as Attorney-General of
India and
as
member of the Permanent Court of Arbitration at The Hague amongst
various other honourable positions. He has written a number of
influential books and articles on freedom and legal systems of India.
Mr Sorabjee began his talk by stressing
upon the role of the parliament in a democratic set- up. He emphasised
that the parliament of India, although the supreme legislative body in
India, does not enjoy absolute parliamentary sovereignty. Rather, it is
subjected to constitutional limits. An independent judicial system alone
can resolve the disputes about the boundaries of the constitutional
power. This is essential for delivering on the guarantee of basic
fundamental rights in Part III of the Constitution.
The Supreme Court is the guardian of the
Constitution. But it does not enjoy any power to review the
constitutionality of amendments. However it can declare an amendment
unconstitutional if it contravenes the fundamental rights as declared by
our Constitution. Mr Sorabjee
cited
the famous ‘Kesavananda Bharati v. State of Kerala’ case to explain this
distinction. “This important judgement changed the lives of our people’,
opined Mr Sorabjee. The crucial role played by Mr Nani Palkhivala in
this case and subsequently in the 1975 case over election was
remembered.
Through various other landmark judgments
related to prohibition laws, nationalisation of banks and the
disinvestments of BALCO among others, Mr Sorabjee highlighted the role
the Indian judicial system has played in shaping national policies over
the years. Answering a question during the interaction after the talk,
he explained that the difference between various courts while
interpreting laws and socio- judicial contexts must be taken as symbols
of independent thinking. He stressed the need for judicial innovation
while staying within the “Lakshman Rekha.” Among the gems that he came
up with, was one related to the recent phenomenon of filing a PIL when
he said that a “PIL isn’t the cure for every ill!”
He also spoke about the role judiciary
plays in defending the basic rights of the underprivileged. Mr Sorabjee
stated that “Public confidence is a treasure” and “Don’t take your
fundamental right for granted”. He concluded the lecture with an appeal
to support the judiciary for the benefits of this country.
as
member of the Permanent Court of Arbitration at The Hague amongst
various other honourable positions. He has written a number of
influential books and articles on freedom and legal systems of India.
cited
the famous ‘Kesavananda Bharati v. State of Kerala’ case to explain this
distinction. “This important judgement changed the lives of our people’,
opined Mr Sorabjee. The crucial role played by Mr Nani Palkhivala in
this case and subsequently in the 1975 case over election was
remembered.