Asaduddin Owaisi said the Constitution of India is not a majoritarian but a democratic one
New Delhi:
An Allahabad High Court judge’s remarks at an event organised by the Visva Hindu Parishad have sparked a massive row, with AIMIM leader Asaduddin Owaisi questioning how a minority party can expect justice from such a judge.
Justice Shekhar Kumar Yadav delivered a lecture on the Constitutional Necessity of a Uniform Civil Code in Prayagraj yesterday. The event was organised by the legal cell of Vishva Hindu Parishad. In remarks that have since triggered a controversy, the judge said the law in the country works according to the majority.
“I have no hesitation in saying that this is Hindustan, this country would function as per the wishes of the bahusankhyak (majority) living in Hindustan. This is the law. You can’t say you are saying this being a High Court Judge. The law works according to the majority. Look at it in the context of family or society…Only what benefits the welfare and happiness of the majority will be accepted,” he said, according to Live Law.
The VHP was banned on various occasions. It is associated with RSS, an organisation that Vallabhai Patel banned for being a ‘force of hate and violence.’
It is unfortunate that a High Court judge attended the conference of such an organisation. This “speech” can be easily… https://t.co/IMce7aYbcf
— Asaduddin Owaisi (@asadowaisi) December 9, 2024
Criticising the judge, Hyderabad MP Owaisi said the Constitution of India expects independence and impartiality of its judiciary.
“The VHP was banned on various occasions. It is associated with RSS, an organisation that Vallabhai Patel banned for being a ‘force of hate and violence’. It is unfortunate that a High Court judge attended the conference of such an organisation. This ‘speech’ can be easily rebutted, but it’s more important to remind his honour that the Constitution of India expects judicial independence and impartiality,” the AIMIM chief posted on X.
A barrister, Mr Owaisi said the Constitution of India is not a majoritarian but a democratic one. “In a democracy, the minority’s rights are protected. As Ambedkar put it ‘…as a King has no Divine Right to rule, so also a majority has no Divine Right to rule’.
“This speech indicts the collegium system and raises questions on judicial impartiality. How can a minority party expect justice before someone who participates in VHP’s programs?” he added.
During the lecture, Justice Yadav also said that while practices such as sati had been abolished in Hinduism, the Muslim community continues to permit the practice of having multiple wives.
“You can’t claim the right to have four wives, perform Halala, or practice Triple Talaq… UCC isn’t something that VHP, RSS, or Hinduism advocates. The country’s top court also talks about it… I am taking an oath that this country will definitely bring a single law, and it will bring it very soon,” he said.
