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Kapil Sibal Voices Concern Over Madras HC Judge's Remark on Constitution Survival

  • Posted on April 6, 2023
  • News

 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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