Kapil Sibal Voices Concern Over Madras HC Judge's Remark on Constitution Survival
- Posted on April 6, 2023
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- By Top Stories
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In a recent development, senior Congress leader Kapil Sibal has criticized a Madras High Court judge's remark on the Constitution, stating that it would not survive if judges have such a mindset.
The comment in question was made by Justice S. Vaidyanathan while hearing a plea regarding the appointment of priests in Tamil Nadu temples. He had reportedly remarked that "a Constitution is what a judge interprets it to be," leading to concerns among legal experts and politicians alike.

Sibal, a noted lawyer and former Union Minister, took to social media to express his disappointment with the judge's statement. In a tweet, he wrote, "If a judge believes that the Constitution is what he interprets it to be, then the Constitution won't survive. The Constitution is a document that sets out the fundamental principles and values of our democracy, and it must be respected by all, especially those who are entrusted with upholding it."
The Madras High Court judge's remark has also
sparked a wider debate among legal circles and political commentators. While
some have defended his right to interpret the Constitution, others have
expressed concerns about the implications of such a statement.
Legal experts have pointed out that the
Constitution is a living document that has been subject to interpretation by
judges over the years. However, they have also stressed the need for judges to
be mindful of the broader principles and values enshrined in the Constitution,
rather than interpreting it solely based on their personal views or biases.
Meanwhile, political leaders from various
parties have also weighed in on the matter. While some have criticized the
judge's statement, others have sought to downplay its significance, stating
that it was made in the context of a specific case and should not be taken out
of context.
The controversy comes at a time when the
independence of the judiciary is under scrutiny in India. In recent years,
there have been several instances of judges being accused of bias or political
interference, leading to concerns about the erosion of the judiciary's
credibility and impartiality.
As the debate over the Madras High Court
judge's remark continues, legal experts and political leaders will be closely
watching the developments, with many calling for a renewed focus on upholding
the principles and values of the Constitution.
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