Lecture Notes: Interview with Faleen Aariman

Introduction

• Karan Thapar hosts The Interview on the Wire.
• Guests include doctors, politicians, businessmen, scientists, authors, and Nobel laureates.
• Emphasis on the importance of viewer support for editorial independence.

Guest Introduction

• Faleen Aariman is regarded as India's greatest expert on the Constitution.
• Recent book: You Must Know Your Constitution - a comprehensive analysis of every article in the Constitution.

Discussion on the Constitution

Importance of the Preamble

• Aariman argues the preamble is the most important part of the Constitution.
• The preamble expresses the intent of the framers and is described by the Supreme Court as the "conscience of the Constitution."
• It connects to Fundamental Rights and Directive Principles of State Policy.

Interpretation of the Constitution

• Aariman believes judges play a crucial role in interpreting the Constitution as a living document.
• Emphasizes that the phrase "We the People" includes everyone born after the Constitution was enacted.
• Judges have a duty to interpret the Constitution in contemporary context.

Basic Structure Doctrine

• Discussion on Chief Justice Ranjan Gogoi's doubts about the basic structure.
• Reference to the Keshavanan Bharti judgment (1973) where the basic structure was first introduced.
• Aariman cites historical support for the basic structure doctrine by previous Supreme Courts.
• Judges are seen as guardians of the Constitution’s integrity.

One Nation, One Election

• Aariman expresses skepticism about the feasibility of synchronizing elections for Lok Sabha and state assemblies.
• Concerns about federal structure and state autonomy.

Need for a New Constitution

• Aariman argues the spirit of tolerance and accommodation is low today, making it difficult to draft a new Constitution.
• Risks of jettisoning the current Constitution could threaten national unity.

Judicial Accountability

• Critiques the Supreme Court’s handling of critical cases and the delay in justice.
• Judges have been slow to respond to urgent issues like habeas corpus.
• Highlights the uneven quality of judges and the need for better appointments.

Government and Judicial Relations

• Emphasis on the need for judges to uphold their own rights and to remain independent of political influence.
• Discussion on the past emergency and how it parallels the current political climate.

Role of Opposition in Democracy

• Importance of a strong opposition as a fundamental part of democracy, as highlighted by Sir Ivor Jennings.
• Critique of the current government's attitude towards dissent and opposition.
• Opposition has the right to criticize but not to obstruct parliamentary processes.

Conclusion

• Need for a culture of respect for opposition in Parliament.
• Caution against obstructive tactics that threaten democratic processes.
• Emphasis on the necessity of constitutional adherence and protecting citizen rights.