SETTING UP OF PERMANENT CONSTITUTIONAL COURT

Mr Shriniwas Rai asked the Prime Minister if he will consider amending the law to set up a permanent constitutional court comprising a minimum of five judges to be approved by the Chief Justice to hear disputes on constitutional issues.

Prof. S. Jayakumar (for the Prime Minister): There is no need for such an amendment.

In the first place, under our constitutional structure and legal system, such disputes have always been decided by the ordinary Courts. The Courts are vested with the power to review the validity of legislation and executive acts on the basis of constitutionality. This is the long-established way in which constitutional disputes are resolved in common law countries.

Secondly, in 1994 the Constitution was amended to provide for the President, acting on advice, to refer any question as to the effect of any provision of the Constitution which has arisen or appears likely to arise, to a tribunal of not less than 3 Judges of the Supreme Court.

This system of settling disputes or questions on constitutional matters is therefore satisfactory and we do not need to change it.