CAN PARLIAMENT ABOLISH CONSTITUTION

This is the seventh post of the series 'Happy Days Gone by'. It talks about the sixth notch of the key to unlock the door to the glorious future - encourage discussion and push the students to the unknown territory. 

The first building of the Law Faculty was constructed in 1910 and now houses the English Department. However, our third year classes were held in this building only.

Happy Days Gone By

Introduction।। Students' Enthusiasm At Allahabad - Unparalleled।। God Does Not Exist।। The Unforgettable Teacher - Prof. RD Pathak।। Don't Worry, It Will Cool Down।। Can Parliament Abolish Constitution।। Fall from Grace।। We Shall Overcome।। 

After my graduation, I wanted to pursue my career in Physics but on my father'e insistence came back and joined law classes. My experience here was as good as it was in the science faculty. As a judge, I had the occasion to visit the finest law colleges in India but none of them have as good law teachers as we had in our time. Their teaching method was equally fascinating. 

Constitution Law Class

In the constitution law period, the teacher explained the procedure to amend the Constitution under article 368 of the Constitution and then asked us if the amending power was legislative or Constituent. If it was legislative then injunction of Article 13 applied but not so if it was constituent power. Our consensus was that it was constituent power, putting it beyond the ambit of article 13, then another discussion started.

Could the parliament abolish the constitution while exercising constituent power under article 368? In other words - are there any inherent limitation to amending power of the Constitution?  

We discussed previous judgements on the point as well as the judgement of the Pakistan Supreme Court in Pakistan Law Decisions (PLD) 1963 Supreme Court 486 Fazlul Quader Chowdhry v. Muhammad Abdul Haque. It was delivered by Pakistan's ablest and the finest judge,  its 4^th Chief Justice of Pakistan Alvin Robert Cornelius, an old boy of our University - the inspiration for basic structure theory. 

We later realised that we had discussed the correctness of the Golakhnath case and talked about points that may be taken to challenge a future  constitutional amendment. In fact, this was precisely that was argued and accepted  in the Keshvanand Bharti case. 

Penal Law Class

In penal law class, we discussed sailors’ dilemma. 

A sea ship was wrecked in a storm. Sailors could save themselves in a boat but  without any food and water. They were thirsty but could not drink sea water. They had no hopes: without water and food death seemed a certainty. There was a minor cabin boy with them. He was killed to save remaining persons. The next day help arrived and they were saved. The question posed was – were they guilty of murder or entitled to be let off on the defence of necessity. 

We differed in our views but lively discussion followed till we were told that it was a true case reported in R v. Dundley and Stephen (1884-85) 14 QBD 273. The precedent established that necessity can never be  a defence to a charge of murder. Sailors were held guilty and sentenced to death penalty with a recommendation for mercy. This was accepted and they were given six months' imprisonment.

Tort Law Class

In the Tort class, we discussed a problem. 

A washer-man tied the legs of his donkey and left him in the night to graze. The donkey was hit by a speeding car and was killed. Was the washer-man entitled to any damages. We discussed the problem, till we realised that the teacher was teaching us principles of contributory negligence.

Contract Law Class

In the contract class, we discussed a problem, ‘A’ teaches his parrot to recite an offer to ‘B’. The bird repeats it before ‘B’, who accepts the offer. Is this a valid contract?’

This involved understanding the points: if a parrot could be a legal person; or treated as an agent of ‘A’;  would it constitute a valid offer; and does the acceptance of such an offer be of any value in the eyes of law? 

Point-6: Teachers encouraged discussion and pushed us beyond the known territory.

New Building of the Law Faculty, where our first and second year classes were held. Now all classes along with five year course are held here and in the adjacent building. 

#AllahabadUniversity #GoodTeacher #law #LawDepartment