An Unconstitutional Act, a Disappointing SC and a Misused Law: Justice A.P. Shah on India's Ills
An Unconstitutional Act, a Disappointing SC and a Misused Law: Justice A.P. Shah on India's Ills
In a chat with Karan Thapar, the former Delhi HC chief justice speaks on the politics and legalities at play today. Is the Citizenship Amendment Act unconstitutional? Are BJP MPs and ministers ignorant of the sedition law? And has the Supreme Court let us down? These are three key issues that former Chief Justice of the Delhi high court and former chairman of the Law Commission, Justice A.P. Shah addresses in his special interview with Karan Thapar, for The Wire. Below is the full text of the chat. Watch the video here. Justice Shah, let’s start with the Citizenship Amendment Act. The preamble of the constitution has a firm commitment to secularism, and secondly the court has ruled that secularism is part of the basic structure of the constitution, so when the CAA discriminates against Muslims, is it breaching the constitution’s commitment to secularism and is it also breaching the basic structure of the constitution? In my view, the CAA completely negates the ideals of secularism, equality and justice enshrined in the constitution. In 1973, in Keshavanand Bharti, the Supreme Court ruled that secularism is the basic structure of the constitution and it cannot be altered by the parliament. There is a mistaken belief that the word secularism was added in the constitution in 1976 and therefore the constitution was not secular prior to 1976. Our constitution is actually founded on the ideals of freedom of religion faith and belief, so secularism is the very basis of our constitution and this law which consciously excludes Muslims from the list of religions listed in the in the CAA clearly violates the basic structure. Now on that particular point, the Prime Minister said this act illustrates India’s centuries-old culture of acceptance harmony, compassion and brotherhood. Do you agree? I agree with the latter part of the prime minister’s statement that we have a centuries-old tradition of brotherhood and compassion. India always welcomed all religions from outside with open arms.