<p>Judiciary in India has often been open to foreign law and also inspired by the changes and stands taken by the outside courts when it comes to constitutional amendments, said Arun Thiruvengadam, Associate Professor, Azim Premji University.<br /><br /></p>.<p>Speaking at the roundtable conference on ‘Anxieties about the foreign and the indigenous in India’s constitutional tradition’ on the eve of Constitution Day organised by the Centre for Law and Policy research, here on Thursday, Prof Thiruvengadam said the Indian Constitution had borrowed best elements of foreign constitutions, especially US.<br /><br />“Constitutional lawyers know we are inspired by the American example. It was modified and tweaked and taken to Indian form. As an example, freedom of press was not part of the Constitution, but today it has become entrenched in our constitutional culture. <br />However, two salient features of the Indian Constitution are basic structure doctrine and public interest litigation. Both these features are considered world over as the salient contribution of the Indian Constitution. Even these indigenous features are also adopted through inspiration from examples from outside. One of the exceptional stands as far as the judgements on the rights issue was the judgement on Section 377 of the IPC,” he said.<br /><br />Prof Thiruvengadam also highlighted the example of other countries striving to maintain indigenous features of the Constitution.<br /> <br />“Take the example of Canada, which was a British Colony. In 1980s, there was a debate in the Canadian society whether and how their tradition should be changed. The fear expressed then was that the introduction of the charter would Amercanise the culture. <br /><br />Today, 30 years after the charter, nobody believes the introduction of rights has been Amercanised. In fact, Canadians are proud of the fact that they have distinct rights such as free speech or rights of minorities,” he said.<br /><br />Prof Sitharam Kakarala of Azim Premji University and office-bearers of the Centre for Law and Policy research were present during the interaction.<br /></p>
<p>Judiciary in India has often been open to foreign law and also inspired by the changes and stands taken by the outside courts when it comes to constitutional amendments, said Arun Thiruvengadam, Associate Professor, Azim Premji University.<br /><br /></p>.<p>Speaking at the roundtable conference on ‘Anxieties about the foreign and the indigenous in India’s constitutional tradition’ on the eve of Constitution Day organised by the Centre for Law and Policy research, here on Thursday, Prof Thiruvengadam said the Indian Constitution had borrowed best elements of foreign constitutions, especially US.<br /><br />“Constitutional lawyers know we are inspired by the American example. It was modified and tweaked and taken to Indian form. As an example, freedom of press was not part of the Constitution, but today it has become entrenched in our constitutional culture. <br />However, two salient features of the Indian Constitution are basic structure doctrine and public interest litigation. Both these features are considered world over as the salient contribution of the Indian Constitution. Even these indigenous features are also adopted through inspiration from examples from outside. One of the exceptional stands as far as the judgements on the rights issue was the judgement on Section 377 of the IPC,” he said.<br /><br />Prof Thiruvengadam also highlighted the example of other countries striving to maintain indigenous features of the Constitution.<br /> <br />“Take the example of Canada, which was a British Colony. In 1980s, there was a debate in the Canadian society whether and how their tradition should be changed. The fear expressed then was that the introduction of the charter would Amercanise the culture. <br /><br />Today, 30 years after the charter, nobody believes the introduction of rights has been Amercanised. In fact, Canadians are proud of the fact that they have distinct rights such as free speech or rights of minorities,” he said.<br /><br />Prof Sitharam Kakarala of Azim Premji University and office-bearers of the Centre for Law and Policy research were present during the interaction.<br /></p>
