By Our Reporter
SHILLONG, Oct 1: The 2nd NEHU Law Lecture on ‘The Tussle between the Executive and the Judiciary: The Historical Perspective and the Position in Contemporary Times with special reference to the Kesavananda Bharati Case’ was delivered by Justice Sanjib Banerjee, the Chief Justice of the High Court of Meghalaya.
The programme was organised by the Department of Law, NEHU, in the U Kiang Nongbah Guest House Auditorium of the university on September 27. NEHU Vice Chancellor Prof PS Shukla, the Vice Chancellor, NEHU, presided over the program. The Dean of the School (in charge), Prof CA Mawlong was also present along with faculty members, research scholars and students.
During the lecture, Justice Banerjee delved in detail on the subject of the lecture. He pointed out that with the evolution of society, there is a need for modification but that does not imply altogether replacing the existing structure with a new one giving the analogy of a cosmetic surgery, which reflects changes in the sections requiring modification rather than replacing the head of a person with another head. This, according to him, explains the essence of the doctrine of basic structure. He also talked about the importance of rule of law, the meaning of republic, and Articles 142 and 144 etc. He referred to a catena of landmark cases through which the doctrine of basic structure has evolved and continues to evolve.
He lastly highlighted the importance of the rule of law and that the tussle between the executive and the judiciary is inevitable and ultimately desirable as it keeps the organs of the government in check.
