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Justice Madan Lokur, former judge of the Supreme Court, interviewed by Bhadra Sinha (Hindustan Times)

-Hindustan Times

Article 14 of the Constitution is not limited only to reasonable [actually rational] classification. What is important is that the rational classification must have a reasonable nexus with the object sought to be achieved by the legislation, says Justice Lokur


Justice Madan Lokur, a former judge of the Supreme Court, says the proviso to the definition of illegal immigrant in the amended citizenship act is unconstitutional if one agrees with the law laid down by the Supreme Court in 1952. In an email interview with Bhadra Sinha, he says there is a twin requirement of rational classification and reasonable nexus to pass the test of Article 14 of the Constitution, which deals with equality. And this is unfortunately forgotten in the present debate, Justice Lokur, who is now a Supreme Court judge in Fiji, adds. He speaks on the encounter death of four people accused of raping and murdering a young woman in Hyderabad and pollution in Delhi, among other subjects. Edited excerpts:

* The Citizenship (Amendment) Act has come under criticism for being a piece of legislation that critics say violates the secular spirit of the Constitution. The government justifies it on the ground of reasonable classification, as read by the Supreme Court under Article 14 of the Constitution. How do you view this Act? Don’t you think it is also an indirect commentary on the internal administration of the countries where India claims minorities are being persecuted?

The proviso to the definition of “illegal migrant” inserted in the Citizenship (Amendment) Act is clearly unconstitutional provided one agrees with the law laid down by the Supreme Court way back in 1952 in State of West Bengal v. Anwar Ali Sarkar. Article 14 of the Constitution is not limited only to reasonable [actually rational] classification. What is important is that the rational classification must have a reasonable nexus with the object sought to be achieved by the legislation.

Hindustan Times, 23 December, 2019, please click here to read the entire interview.