Why did you decide to take up the assignment to head the Constitution review panel?
It was a difficult decision. But then if India is to join the new world order under the World Trade Organisation (WTO) dispensation, we have to be prepared and be competitive. It is important to find out how we have fared in the past 50 years and assess why we have not been able to develop an egalitarian society. Are we sliding rapidly? These are matters of national concern.
By lending your name to such a panel, are you not giving credibility to an exercise which is being resisted by the Opposition?
It may not be credible if the members of the commission are themselves suspect. But the composition of the team will reflect the cultural, ethnic and religious diversity of Indian society. I will be consulted when the team is announced.
Are you happy with the selection of Justices B.P. Jeevan Reddy and R.S. Sarkaria in the panel?
Yes, they are very competent. They have impeccable credentials. The team will be nationally acceptable.
What is there to review? Are there any specific areas in the Constitution which will be looked at?
We have to examine if our achievements are consistent in a parliamentary form of democracy. Crucial areas where the socio-economic reforms have not had its impact need serious thought. The quality of education, banking system, the necessity for constitutional watchdogs, marginalised segments of society, electoral system and economic federalism are all areas which need to be looked at. We have also to find out if the systems incorporated in the constitutional mechanism can cope with the process of globalisation. Then, we also have to ascertain whether there should be constitutional limits on public expenditure. If there is disenchantment, it is necessary to find out why.
There is a fear that the BJP-led government may push through its Hindutva agenda like imposition of a uniform civil code and a ban on conversions through this exercise...
No person or organisation can push any personal agenda in this review. Only the sovereign power of Parliament can amend the Constitution. I will ensure that this is not reduced to a political issue. Nobody can influence this commission, I am very clear on that. This review commission will be a connecting cord between civil and political society.
What are the terms that you have set before the government?
We won’t touch the basic features of the Constitution. We will leave the parliamentary form and other issues like secularism intact. I would also like to be consulted on the composition of the team.
Do you actually believe that such an exercise is necessary?
The bi-centennial exercise carried out on the US Constitution was great work. If you see the array of questions they identified, it is amazing. It was a highly technical exercise. Similarly, a large number of issues need to be addressed here, especially the progress we need to make to join the global economic order. There is an all-pervasive cynicism in the process of democracy. Why are social opportunities not there in crucial areas?
What are your views on the President’s comments on not tinkering with the Constitution?
It is not proper (for me) to comment on the President’s views as I have the highest respect for him. And as a judge, I will evaluate his views judiciously.
As a former chief justice, will you be quick to spot if there’s any other ulterior motive in setting up this review commission?
Yes, I will know if we deviate from our stated objective. Nobody will use us.
What happens if there is a larger design behind this?
If I have suspicions of being used, it won’t work. Nobody can push me around. I would rather break than bend.
