His Holiness Shri Kesavananda Bharati Thripadar,
Adv. Shahid Ahmed, Patron, Law Trust,
Shri Justice, Devan Ramachandran,
Adv. John Joseph, Member Bar Council of Kerala,
Smt. Sulekha M., Additional Judge, Pathanamthitta,
Prof. Jayakumar, Law Advisor to Hon’ble Chief Minister,
Adv. Santhosh Kumar, Chairman, Law Trust,
Adv. Prem Kumar, Secretary, Law Trust,
Madhyama Suhruthukkale,
Sahodaree Sahodaranmare,
Ellavarkkum Ente Namaskaram.
I am very happy to address you after presenting to
Shri Kesavananda Bharati, the Justice V.R. Krishna Iyer Awardinstituted by the Legal Assistance and Welfare Trust, better known as LAW Trust, Thiruvananthapuram.
Let me at the outset, convey my deep sense of appreciation for the initiative of the LAW Trust both in instituting this award and in choosing to confer it on
Shri Kesavananda Bharati. This is a memorable occasion where an award in memory of one of the greatest legal luminaries is being conferred on an eminent person whose legendary legal fight had resulted in one the most important judgments in the history of Indian judiciary.
I also take this opportunity to congratulate
Shri Kesavananda Bharati on receiving the award, which, in previous years had been conferred on eminent persons like Shri V.S. Achuthanandan, Prof. N.R. Madhava Menon and the Late Advocate Neelakanta Sharma.
This is also an instance to recall the services of Justice V.R. Krishna Iyer, whom jurist Shri Fali S. Nariman describes as the Super Judge. Justice Krishna Iyer, who was steadfast in his compassion for the downtrodden, always handled issues with an insightful humanistic approach. He endeavored to widen the frontiers of human freedom, infusing a vibrant sincerity in words and deeds. As a Judge of the Supreme Court, he sought to inject a new spirit of democratic sensitivity, a sense of social initiative and perspective into India’s judicial system.
JusticeKrishna Iyer was credited with the idea of free legal aid to the accused in custody, since he believed that even a convict is entitled to the precious right guaranteed by Article 21. His timely intervention and interpretation have opened the doors of justice to the oppressed classes. He had literally seen all sides of political and legal life - the walls of Prison, Parliament and Judiciary. And, he could do justice to all the roles he played in life, making it his mission to evolve consensus and to explore strategies to promote peace. In short, his name itself is the strongest inspiration for any lawyer.
As I mentioned earlier, the case of Kesavananda Bharati v. State of Kerala, which gave us the Basic Structure Doctrine, is perhaps the most well-known constitutional decision of the Supreme Court of India. While ruling that there is no implied limitation on the powers of Parliament to amend the Constitution, it held that no amendment can do violence to its basic structure. Further, it established the Supreme Court’s right of review and, therefore, established its supremacy on constitutional matters. The case and its verdict had far reaching implications, by playing a major role in preserving India’s parliamentary democracy. The advocates and law students sitting here may well recall that the heights of eloquence to which eminent jurist the Late Nani Palkhiwala had risen during this case, has never been surpassed in the history of the Supreme Court.
As we all know, Shri Kesavananda Bharati had challenged the Constitution (29th Amendment) Act, 1972, which placed the Kerala Land Reforms Act, 1963 and its amending Act into the IX Schedule of the Constitution. The Supreme Court Bench of 13 judgesultimately upheld the Land Reform Acts and the Amendment Acts that had been challenged, in a seven-six majority. It was an overall success for the Government, but the credit for having brought such a pertinent issue to the nation's attention goes to Shri Kesavananda Bharati.
We may say that Shri Kesavananda Bharati had lost the case, but causing a decision that further strengthened our democracy is no small matter. We have seen that despite many amendments made so far, the hopes and ideas of those who framed our Constitution remain as intact and identifiable as when it was adopted by the Constituent Assembly in 1949. We owe this principally to the Supreme Court’s decision in the case filed by Shri Kesavananda Bharati. In a way, by losing a case, he too had scored a victory of a special, social kind.
On the personal side, Shri Kesavananda Bharati, who has been a Sanyasi since the age of 19, is heading the Sri Edneer Mutt which belongs to the parampara of Sri Thotakacharya, one of the first four disciples of Sri Adi Shankaracharya. Apart from being a Carnatic and Hindustani
vocalist and master of all sections of Yakshagana, Swamiji has also written many devotional songs and dramas.
On the social level, he has been fearless in his opinions about matters of religious faith and spirituality, as was seen in his views on the developments in the Sree Padmanabha Swamy temple in Thiruvananthapuram. I am certain that in his role as a leader in education and dissemination of art and culture, he is contributing greatly to the cultural enrichment of our society.
I convey my best wishes to Shri Kesavananda Bharati for a healthy and more fruitful life ahead. I must admit that
I too, feel honoured to have got an opportunity to present this award to him.
The conferment of this award is another instance that emphasizes the supreme power of our sublime Constitution, which is the most progressive holy book of democracy. The essence and everlasting strength of our Constitution must reach every citizen of our country so that they would be empowered to contribute to the strength of our democracy. I hope the LAW Trust which conducts legal awareness programmes and provides legal aid to the needy, would also take up campaigns to educate the masses on the strength of our Constitution and about our rights and duties prescribed in it.
I once again greet everyone present here today and compliment the organizers for conducting this function in a befitting manner.
Ellavarkkum Ente Aashamsakal
Nanni
Jai Hind