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This is an archive article published on October 28, 2010

At times,courts can’t protect minorities from tyranny of the majority: Moily

Law minister says the Constitution creates situations in which the majority community's tyranny can't be stopped.

Law Minister M Veerappa Moily has said the Indian Constitution was flexible which made government actions “vulnerable” and the Supreme court supreme.

“According to me,the Indian Constitution is a conflict resolution document. That is why we have a number of pages,number of volumes. It has got flexibility which has its advantage and disadvantage.

“Flexibility has made our Constitution more vulnerable and actions of the government more vulnerable… that is why the Supreme Court,I must say,is trying to have the supremacy. But it is up to the Constitutional experts to say more on this,” Moily said here.

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Addressing a panel discussion on Indian Constitution and the US Bill of Rights,he said in the US when an African-American student was thrown out of a school bus,US President Eisenhower had sent federal police to put the student back on the bus.

“But in India,if the Prime Minister or the President does this if some discrimination happens or orders this kind of a thing,then a stricture may come from the Supreme Court.”

He said at times the Constitution or the courts may become helpless to “go to the rescue of the minority when there is a tyranny of the majority”.

He said the Right to Education was the latest example to show that the Constitution was a “live document” ready to accept changes and incorporate new ideas to provide citizens with more rights.

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