Constitution cannot survive if India's demography changes: Madras HC judge

The Indian Constitution's survival hinges on the nation's demographic profile and if it is altered, then it would cease to exist, Judge, Madras High Court, Justice GR Swaminathan has said. 

Addressing an event, Justice Swaminathan made a quick reference to the making of the Constitution between 1947 and 1949 and its coming into force in 1950.

The judge said: "For all of us, the ultimate is only the Constitution authored by Dr B R Ambedkar and I say this happily with pride. There is constitutional morality and we must not go beyond it at all." 

Just before making a comment on Constitution vis-a-vis the nation's demography, he said his view could tun out to be "slightly controversial" but he was not "very much worried about it" as he had already made a mention on the mater in one of his judgments. 

He said: "If this Constitution is to continue as it is for all the time to come, I am emphasising this, when the Constitution was made, we had a demographic profile of our own. Only till such time this demographic profile continues, this Constitution will survive as it is; if this demographic profile is altered, this Constitution will cease to exist."

Therefore, for the Constitution to survive for all times the demographic profile should continue to be as it is, he said.

The Constitution could survive only if people belonging to "Bharatiya Dharma and Sampradaya" continue to be within its fold, he said. "I am a judge and I cannot say anything more. You should understand," he said.

Justice Swaminathan's comment drew both flak and praise in social media. Rajya Sabha MP and former Union minister Kapil Sibal tweeted saying, "The Constitution may not survive if judges have such a mindset." 

On April 2, the judge took part in a function in Chennai to release three books based on spiritual themes including Tiruppavayil Naveena Melanmai Paadam, meaning "modern management lesson in Tiruppavai”.

A revered devotional poem, Tiruppavai is authored by Aandal, the only woman among 12 Alvars, who are Tamil Vaishnavite saints.

The judge said to take forward the work on Bharatiya Dharma, reading such books authored by Makara Sadagopan would be useful.

Justice Swaminathan in his address recounted two incidents from his experience and said it was to show that "we have moved away." This is perceived as divergence from the nation's culture and heritage and not giving due importance to learning one's mother tongue despite claiming to be an enthusiast of the Tamil language.

The judge said he considered the books that are released as an attempt aimed at fostering harmony by bridging the culture gap.