Extramural lecture on the Supreme Court and evolution of the Indian Constitution

ALIGARH  : To commemorate the Azadi ka Amrit Mahotsav and as part of G20 celebration programmes, the Faculty of Law, Aligarh Muslim University organized an Extra Mural lecture on ‘Supreme Court and the Evolution of Indian Constitution’ by Justice Krishna Murari, Sitting Judge, Supreme Court of India, who was also the Chief Guest for the day.

In his address, Justice Murari paid rich tributes to Sir Syed Ahmad Khan and Justice Syed Mahmood and regarded them as the ‘Prophet of Education’ and ‘Harbinger of legal education in AMU’. He also mentioned the contribution of various members of the constituent assembly, including Rafi Ahmed Kidwai, Barrister Chaudhary Haider Hussain, Kazi Syed Karimuddin, and Hasrat Mohani, and acknowledged the contribution of a number of alumni of this University in nation-building, including the former President of India Zakir Hussain and former Vice President, Hamid Ansari.

Justice Murari discussed the historical evolution of the Supreme Court of India and its preceding courts, including the Federal Court and Privy Council. He highlighted the objectives of the Indian Constitution and the interpretation power of the Supreme Court, particularly with regard to Article 21. He recalled landmark cases such as AK Gopalan v. State of Madras, Maneka Gandhi v. Union of India, Golaknath v. State of Punjab, and the Keshavanand Bharati judgment, which introduced the basic structure doctrine. He also praised the contribution of members of the bar, such as MC Setalvad, the first Attorney General of India.

Referring to the statement of Justice Hamidullah Beg in the Kesavananda Bharati case, he said it is clear from the Preamble and provisions of Parts III and IV of the Constitution of India that it seeks to express the principle salus populi suprema lex, i.e., the good of the masses of the country is the supreme law embodied in our Constitution, prefaced as it is, by the Preamble which puts ‘justice, social, economic and political’ as the first of the four objectives of the Constitution.

He urged the students to draw inspiration from the true sons of Mother India and reiterated that the bar needs young and talented minds as its torchbearers. Highlighting the importance of punctuality and sincerity in the field of law, he said that initial days in the field of litigation might be turbulent but if one learns how to manage it well, the future ahead is bright and the sky is the only limit. He advised them to inculcate reading habits.

Earlier, welcoming the guest, Prof. Md. Zafar Mahfooz Nomani, Dean, Faculty of Law shed light on the historical development of the Faculty of Law and mentioned the laureates produced by the faculty, including Justice Syed Mahmood, Justice Sir Shah Sulaiman, Justice Murtaza Fazal Ali, Justice Baharul Islam and Justice R.P. Sethi. He also mentioned the two recent judgements where Justice Krishna Murari was part of the bench. The judgments include one regarding the federal structure and dual polity of our nation, focusing on the powers of the Lieutenant Governor of NCT of Delhi, and the other related to the floor test for the Maharashtra government.

Prof. Nomani said the Maharashtra Judgement is one of the landmark judgments after the Keshavanand Bharati v. State of Kerela, Har Govind Pant v. Raghukul Tilak and S. R. Bommai v. Union of India which set the tone and tenor of Indian polity for the times to come.

In his address, Justice Aditya Nath Mittal, Judge, Allahabad High Court stated that the most attractive section of the Indian Constitution is Article 21 which was interpreted at length in AK Gopalan v. Meneka Gandhi case. He also pointed out that the right to liberty has to be curtailed by the procedure established by law.

Prof. Mohd. Ashraf, Chairman, Department of Law extended the vote of thanks.

Tanya Pandey and Mahelaqa Abrar conducted the programme.

Later, Justice Murari visited the historical buildings of the university and paid tributes to the founder, Sir Syed Ahmad Khan by visiting his mausoleum in the premises of the University Jama Masjid.