Move to review Statute timely -- Bhagwati

Move to review Statute timely -- Bhagwati
PRESS TRUST OF INDIA

NEW DELHI, FEB 19: Former Chief Justice of India P N Bhagwati has strongly supported the government in setting up the Constitution Review Commission (CRC) and said it should also consider the controversy over persons of foreign origin occupying high offices.

"I do not think that there is anything wrong in setting up a commission to review the working of the constitution," Justice Bhagwati told Enadu TV.Commenting on the panel announced by the government to review the constitution, he said, "the commission which has been appointed is a very independent commission consisting of real experts and I do not think Justice M N Venkatachaliah and his colleagues would ever be amenable to any pressure from the government of the day."

Referring to the issue of persons of foreign origin occupying high offices raised by one of the members of the commission, justice Bhagwati said, "this is a serious issue which has to be considered by the commission". He, however, said he was against any drastic change in the Constitution while favouring a presidential form of government with adequate safeguards rather than a parliamentary system. Justice Bhagwati supported the government's view on setting up a national judicial commission.

"There should be a national judicial commission for the appointment, removal and transfer of judges. It should not be left in the hands of either the government or the chief justice assisted by four judges, because they are all human beings," he said.

Referring to judicial activism, justice Bhagwati said it has suffered aberrations and added in the name of judicial activism, judiciary has overstepped its limits and interfered in matters that should have been left to the executive.

"That is why I say there is a Lakshman rekha which the judiciary should not cross. But within that there is ample scope for the judiciary to enforce the rule of law," he said.

Asked to comment on the human rights situation in India, particularly in Kashmir, as the regional advisor for high commission for human rights in Asia-pacific region, justice Bhagwati posed a string of questions."It is a very difficult question.... About human rights in Kashmir. The question is can human rights be enforced against terrorists? Do terrorists have human rights? Is it correct to say that terrorists who are arrested should be given a due process and a fair trial?

"It is a very delicate question. There has always been a perennial debate between human rights and terrorism. And I do not think it has been possible to solve it," he said. "I do not know what the commission will decide. They will have to deal with this issue. It is an important issue," he said.