The deed is done

After all the sound and fury the deed is finally done. US President George W. Bush has signed the nuclear deal bill into US domestic law...

After all the sound and fury the deed is finally done. US President George W. Bush has signed the nuclear deal bill into US domestic law, preparing the way for the two nations to ink the 123 Agreement. Unquestionably, the chemistry between our Prime Minister and the US President was very helpful. George Bush was rightly impressed by the sincerity and honesty of purpose of Manmohan Singh. Both, towards the end of their tenures in office, have pushed the deal forward and given India a unique place in the nuclear world. India today is the only country in the world that has not signed the NPT and yet is able to engage in civil nuclear trade with other willing nations. And this is no mean achievement even for the so-called weakest Prime Minister of India.

Justifiably happy about the outcome, our Prime Minister was obviously carried away and hit a sixer when he said that the people of India loved Bush. Not many in USA like Bush, much less love him. It is said that Oriental people are emotional and tend to go overboard. For instance, President Asif Ali Zardari8217;s description of Sarah Palin, whom he met, as gorgeous, was unobjectionable and displayed good aesthetic taste. But Zardari8217;s desire to hug the US Vice-Presidential candidate was too passionate. What was Sarah Palin8217;s reaction? We do not know. But we do know that a cleric in Lahore has issued a fatwa against Zardari for his un-Islamic behaviour. Poor passionate Zardari.

The basic structure in Norway

Giving a lecture on the basic structure of our Constitution at the University of Oslo was a stimulating experience. As expected, the Norwegian and Scandinavian delegates were well informed about our Constitution and the relevant Supreme Court judgements on the topic. The concept that amending power is not absolute and there cannot be wholesale amendment of the Constitution is not unacceptable to them. The Constitution of Norway of 1814 provides for amendment of the Constitution if experience shows that any part of it ought to be amended. However, Article 112 expressly provides that such amendment must never 8220;contradict the principles embodied in the Constitution8221; but solely relate to modifications of particular provisions 8220;which do not alter the spirit of the Constitution8221;. So far there has been no authoritative judicial decision on this provision.

Article 368 of our Constitution, which provides for amendment of the Constitution, contains no exceptions, nor does it prescribe any limitations. Hence the judicially evolved doctrine of basic structure for adjudging Constitutional amendments and striking them down was perplexing to them. It was necessary to explain the historical background, the enormous increase in the number of laws placed in the 9th Schedule to immunise them from challenge on the ground of violation of fundamental rights, and the ease with which the ruling party at the Centre, because of its brute majority, frequently amended the Constitution. An instance was the 39th Constitutional amendment passed during the infamous 1975 June Emergency. Clause 4 of Article 329-A declared that Mrs. Indira Gandhi8217;s election, which was pronounced invalid by the Allahabad High Court, would nonetheless be valid and that the findings contained in the judgement never had any existence in the eye of law and that the election declared void by the High Court judgement shall continue to be valid in all respects. This clause was struck down unanimously on the ground that it violated certain basic features of the Constitution. I emphasised that every country has to work out its Constitutional salvation taking into account its peculiar problems and specific needs. The discussion went on for about two hours with searching questions and pertinent comments from the delegates.

A refreshing feature in Oslo is the almost total absence of security personnel. Only one person is posted outside the President8217;s residence and another at the Supreme Court building. Norwegian hospitality was warm and Norwegian salmon is delicious. However, one has to get used to having dinner at 6 p.m., which is a basic structural change from dinners in Delhi.