Sabarimala: It has become a very difficult problem, Fali Nariman [Watch Video]

The issue of Sabarimala has become a “very very difficult problem”, said Senior advocate Fali Nariman in his speech delivered on the occasion of Constitution Day..Nariman was speaking on the topic “Critical Analysis of the Achievements of the country in the light of Constitutional Expectations”..Stating that social structures play a big role in the development and evolution of a society and law alone cannot do the same Nariman took the example of Sabarimala as a case in point..“You know what happened in Sabarimala and you know what happened to custom in Sabarimala. That’s the difference and that is the stark stark fact today. The State is helpless. It says it cannot shoot all these citizens while Supreme Court says ‘you do it’. .The whole thing has become a difficult problem, very difficult.”.Regarding how law and institutions alone cannot work a democracy, Nariman relied extensively on Granville Austin’s book ‘Working of a Democratic Constitution’..“Austin saw in our Constitution three strands – Protecting and enhancing national unity and integrity, Establishing institutions of democracy, Fostering social reforms. .Taken together, he writes, they form a seamless web. But yet lurking in the distance, there is an omnipresent fourth strand, culture.”.Quoting Austin, Nariman said.“It has reference to certain traits, and ingrained experience, attitude of Indian citizens which makes India’s soil not very fertile for democracy. .It is these cultural characteristics that have been inimical to the working of our Constitutional democracy. And he writes that the written Constitution provides the direction in which we are to move. No difficulty – nice compartments Parliament, State Legislatures, Executive, Courts, Election Commission, all perfectly done and in place.”.But law alone cannot bring about changes; Social structures play a very big role..“Ultimately it is social structures which decide how far we are able to move and at what pace. Not mere law. Very difficult just by law”, he said before quoting the Sabarimala example..Nariman was also critical of what he called the lack of “Collegiality” amongst Supreme Court judges..“The importance of Collegiality amongst judges is a very important thing which I have found lacking. Unfortunately, the difficulty is when Supreme Court judges sit in Benches of three, five and seven. But they don’t sit and discuss as to what is to happen. Or that ‘you write for the majority and you write for the minority’. While that happens everywhere in the world, it does not happen here. They (Supreme Court judges) all come on the same day and pronounce the judgment. Nobody knows which judge has dissented [until then].”.He urged the Supreme Court judges to address this problem..“So this is one thing they have to pull up their socks and do which they have not done”..Nariman said that the Indian Experiment as a Constitutional democracy has been successful partially..“We have been successful but only partially. We have not resolved our main problems. We have not resolved the complexities that lie buried in that great but elusive concept of equality – Articles 14, 15 and 16.”.Watch the Video below.