A fundamental flaw

Sir, - It was a pleasure to read the authoritative and tightly- argued Open Page article, ``Dangerous anomaly'', by Mr. N. Haridas (The Hindu,Dec. 28) on the major flaw of our Constitution - the mixing of fundamental and ordinary laws. Mr. Ronald Dworkin argued along the same lines about the U.S. Constitution in an anthology (Freedom's Laws - A Moral Reading). He contends that the U.S. Constitution, which eschews ordinary laws to a large extent, demands that the judges, in developing jurisprudence, consider `integrity' and `history' the pillars of their arguments. The former makes sure that judgments are in consonance with all relevant provisions of the Constitution. The latter is a sort of system of checks and balances, giving prominence and respect to precedents.

The same should be applicable to our Constitution if it ever undergoes the kind of essential reforms Mr. Haridas advocates. His stress on the inviolability of the Bill of Rights should be heeded.

Raghuram Ekambaram,

Mumbai

Send this article to Friends by E-Mail

Section  : Opinion
Previous : They don't fit the bill
Next     : Taliban is the biggest gainer