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Constitution will cease to exist, if demographic profile is altered: Madras HC judge

By LawStreet News Network      07 April, 2023 12:32 AM      0 Comments
Constitution will cease to exist, if demographic profile is altered: Madras HC judge

In a strong message, a Madras High Court judge, Justice G R Swaminathan has reportedly said that the Constitution of India will cease to exist if the country's "demographic profile" that existed when the document was formed is altered.

Although he did not elaborate, Justice Swaminathan also said that the Constitution will continue to exist as long as the people "who are under the Indian tradition and dharma" remain so.

Reacting to the remark, senior advocate and former Law Minister Kapil Sibal said in a tweet, "The Constitution may not survive if judges have such a mindset."

Speaking at a book launch event in Chennai on Sunday, Justice Swaminathan called the Constitution "ultimate for every- one".

"The Constitution (was) written by B R Ambedkar... But if the Constitution has to be the same forever, I know it is unfortunate to say this, the demographic profile at the time of Constitutional formation is also to be maintained the same," he said, according to a report by the Indian Express.

"If the demographic profile is altered, the Constitution ceases to exist. So if the Constitution has to be there forever means the demo- graphic profile also should remain the same. If that is to happen, peo- ple who follow the Indian tradition and the Indian Dharma should remain in the same tradition. Then only it (the Constitution) will be protected," he said. "As a judge, I cannot speak beyond this... I hope you understand," he added.

Before making the remarks, Justice Swaminathan issued a warning of sorts. He told the audience, "It (the speech) can turn out to be a slightly controversial view but I don't mind that."

In his speech, the HC judge also claimed that many individuals boasting their love for Tamil "often possess limited knowledge of the language".



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