'Perceptions Different on Constitution'

Published: 15th February 2015 05:57 AM  |   Last Updated: 15th February 2015 05:57 AM   |  A+A-

MADURAI:Citing a popular fable, Supreme Court Judge Rohinton Fali Nariman said on Saturday that the basic structure of the Constitution is like how blind men perceived the elephant.

Delivering a special address on the ‘Doctrine of Basic Structure under the Indian Constitution’ as part the Madurai Bench of Madras High Court Bar Association decennial lecture series at the court premises, Justice Rohinton observed that like a group of blind men perceived the elephant differently after touching different parts of it, perception differed among the judicial fraternity on the basic structure of the Constitution.  

Rohinton stated that the preamble of the Indian Constitution and article 368 provides ample scope for formulating the basic structure of the Indian Constitution.

Detailing this further, he said that important features of preamble were secular democratic republic, justice, liberty, equality and fraternity ensure unity in diversity, respect individual freedom and faith, belief and worship of each individual, besides assuring individual rights for the expression of thoughts.

Earlier dwelling on the vision of the Indian Constitution makers prior to Independence, Rohinton said that when the Assembly framed the Indian Constitution, the provinces were based on the Government of Indian Act 1935.

“As per the Act, adult franchises was confined only to a limited population. However, the Assembly felt that such decisions were better left to Parliament,” he said.

But, he added, “When they allowed the Parliament to frame or amend the law, they ensured that it needed ratification from both the Houses (Lok Sabha and Rajya Sabha),” he said, referring to the checks and balances.


Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on are those of the comment writers alone. They do not represent the views or opinions of or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp