There is no such thing as too much dissent: Bombay High Court judge India News – Times of India

Mumbai: “Governments will come and governments But the idea of ​​India, the constitutional idea of ​​India, despite being flexible, must be protected,” Justice Gautam Patel Bombay High Court “History will not judge us by our highways or bridges or statues, it will judge us by how well we have preserved the constitutional idea of ​​India and saved it from weakening,” he said on Friday.
“There is no such thing as too much noise or too much in the constitutional scheme of things” Difference, if there is one thing Constitution It does not consider that it is the comfort of conformity or the peace of familiarity,” said the HC judge in the leaflet of the Constitution Day keynote speaker, titled ‘Reducing the Idea of ​​India: The Way Forward’.
“Counter points and counter narratives are now there thanks to technology, it is almost impossible to remain silent. There may be more unfavorable comments and more noise than ever before. But isn’t that the point? Is it not what our constitution contemplates or even demands, when it says that the idea of ​​India is embedded in the concept of a union of states and it is constitutional for any government to give its marching orders at defined intervals? is a mandatory option. ,
The judge said, ‘India has only one view. constitutional idea. It is in an article of the constitution that is rarely discussed or addressed. Article 1. Article 1 states that India, that is, India, shall be a Union of States.
“It must be the idea of ​​India, because without it India cannot exist,” he insisted, “everything in the Constitution flows from this concept.”
He said that the seeds sown in the Constitution had taken hold, but he added, “I don’t think we should be too optimistic, as we have seen that everywhere the control is maintained by every government, from government to ruler.” Efforts to transition will continue. This is something we should be careful about.”
Justice Patel said it is time to stop using words like ‘ruling party’ and ‘rulers’ as people are ‘ruled’ and not ruled. The time has come to get rid of the “colonial linguistic burden”, he said, adding, “India has no ruler and as long as the constitution exists it will never be. It can be governed for a limited period.” , but never governed,” he said.
He also said that there are two “beacons”, one of which is the judiciary, “the last bastion or last frontier”. “The judiciary scares a government trying to cling to power like no one else does. Our own history shows repeated attempts to undermine the judiciary, especially during the Emergency, and we are, again, by no means alone. From Turkey to Eastern Europe to South America and the United States, it is a story with regional variations,” the judge said.

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