"The Indian Constitution: A Living Document"

"The Indian Constitution: A Living Document"

2 March 2020
New Delhi

The students of School of Legal Studies participated in Samanvaya on the topic "The Indian Constitution: A Living Document" organized by Pranab Mukherjee Foundation with OPJGU on 2nd March 2020.

The eminent speakers of the day were Prof. Alexander Fischer, Justice Mathew Cooper, Justice Madan Lokur, Smt. Mahua Moitra, Member of Parliament shared their views on the topic.

Prof. Alexander Fischer emphasized that constitutional changes are in the hands of lawyers and judges, and thus it is the democracy which is the key of Indian Constitution and its success. Different Articles like 15, 16, 17, 124A and 368 did not lead to compromise in the Indian Constitution and thus lead to the success of the democracy.

Justice Mathew Cooper started the argument by explaining that how the U.S constitution was amended under Article 5 by a convention. U. S Constitution is amended only for 27 times through a 2/3rd majority in a joint resolution. He also discussed on the Federal Court system and State Court System.

Justice Madan Lokur explained that how our constitution was debated for 114 days and lasted for 11 sessions. He has also explained that how Judiciary is independent in itself. We have free and fair elections, Judicial Review, appointment of judges through National Judicial Appointment Commission under Article 124A. He has discussed the concept of locus standi and PIL that how they are playing their role in providing justice to the people at large.

Smt. Mahua Moitra, started the session with discussion upon Article 370 and whether Abrogation in itself is unconstitutional or not? She also emphasized on CAA and how different Acts like the Jammu and Kashmir Organization Act, NIA, UAPA and Preventive Detention Laws under Article 22 (3) are exploiting the Indian constitution. She concluded her arguments by referring to a case of ADM Jabalpur vs. Union of India where the Justice had asked the parties to produce the body by themselves and the actual meaning of Habeas Corpus writ was being misinterpreted. She concluded her words by saying that constitution is a living document which is not moving in the right direction.

Dr. T. K. Vishwanathan, Dean Centre for Global Governance and Policy, OPJGU concluded the whole event by vote of thanks.

The students from School of Legal Studies attended the discussion and interacted with the faculty and students from other University.