Justice Nariman hails constitution framers for their vision -

October 10, 2016 | Business Standard

Supreme Court Judge Rohinton Nariman today hailed the Constitution framers for their vision in creating two sets of laws applicable to Jammu and Kashmir and the rest of India.

Delivering a lecture on "Federalism: Legislative Relations between Centre and States", Justice Nariman also dealt in detail with the separation of legislative power between the Centre and the state and the primacy of the law in case of conflict.

"There are two sets of laws. One for the rest of the country and the another for the state of Jammu and Kashmir," he said adding that "ours is unique and quasi unitary federation".

Discussing the prevalent constitutional models of countries like USA, Australia and England, he said the Indian model was one of the best.

During his hour-long speech, he said that the Jammu Kashmir model cannot be either sought or applied in other states of the country. "Not even a lunatic would want the Jammu and Kashmir model for the rest of the country. Thank god the founding fathers chose what they chose," he said.

He also referred to constitutional provisions which deal with three kind of entries, namely Centre, States and Concurrent List where Centre, States and both can make laws respectively.

The apex court judge, who was speaking at the Second Memorial Lecture of Justice J S Verma organised by O P Jindal Global University, said the constitution for Jammu and Kashmir came into effect on January 26, 1957 and the provisions of Indian Constitution can be applicable with the express consent of the President.

Professor C Raj Kumar, Vice Chancellor of O P Jindal Global University said Justice Verma remains one of India's most highly regarded Chief Justices.

Senior Advocate Kamini Jaiswal and other lawyers were also present on the occasion.

Justice Jagdish Sharan Verma served as the 27th Chief Justice of India, holding the position from March 25, 1997, until his retirement on January 18, 1998.

Thereafter he was the Chairman of National Human Rights Commission from 1999 to 2003, and Chairman of the Justice Verma Committee Report on Amendments to Criminal Law after the 2012 Delhi gang rape case.