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Conference discusses constitutional development in India

By Shazia Hasan 2015-12-07
KARACHI: Enhancing quality during the continuum of education in the legal profession was further emphasised on at the third and Enal day of the International Conference of Legal Education organised by Shaheed Zulfiqar AliBhutto University of Law (Szabul) here on Sunday.

Among the various sessions looking into the ethics and professionalism in practicing law, research, the role of the government and legal education, there was also an interesting session on the constitutional development in India.

Abdul Ghaffar Korai, a faculty member at Szabul, pointed out that no other constitution goes into such minute details as the consti-tution of India. `It is the most detailed, longest written constitution that was framed by Nov 26, 1949 and approved on January 26, 1950. It incorporates the best features of the constitutions of Britain, France, Canada, the USA and some other countries to guarantee the fundamental rights of all its citizens, from freedom of practicing religion, the right to education, to the establishment of a justified society,` he said.`Neither is it as rigid as the US constitution nor as flexible as the British constitution. Therefore it may adjust according to the time of need. At the moment it is looked as a modern sacred text of contemporary India through which the people of India are responsible for the welfare of the people of India or as can be explained through the concept of swaraj or self-governance of self-rule.

Umar Mahmood Qureshifrom the UK then said that a country`s constitution is like an expression of faith. It portrays the belief and hopes of the nation and should be open to the public in order for them to understand the decisions of their government. `The government functions according to the constitution; the people should understand their constitution,` he pointed out.

`But then since the constitution was framed and approved over65 years ago,and times have changed significantly since then, it also remains to be seen what amendments are needed to update it, and what future is there for constitutions in the world of today. After all there are countries here, too, which do not have a constitution. So can we also abolish our constitution and bill of rights,` he said.

Retired Justice Hamid Ali Mirza, a former judge of the Supreme Court of Pakistan, said that he wasaware of some 150 amendments made there so far in the interest of that country.

`As mentioned earlier, too, India`s constitution is therefore not rigid but quite flexible so that the necessary changes can be made to it as pertheneedin the shape of the amendments. Still, overall there is also control of the Supreme Court in doing so just to make sure that the original constitution should not be disfigured,` he explained.