Param Cumaraswamy says judges rose to the occasion in accepting the basic structure doctrine which he along with others had struggled for 40 years ago. Image from FMT News.
PETALING JAYA: A former Malaysian Bar president today hailed the acceptance of the basic structure doctrine as part of Malaysian law, following the Federal Court ruling to set aside the conversion certificates of M Indira Gandhi’s three children.
The basic structure doctrine is an Indian judicial principle that certain basic features in the constitution cannot be altered, even with approval from two-thirds of the members.
One of its most recognisable features is that judicial power be vested in the courts.
Param Cumaraswamy, who had been at the forefront of attempts 40 years ago to persuade judges to accept the doctrine, said he felt vindicated by the judgment.
Param’s efforts at the time were shared by two other presidents, G T S Sidhu and Raja Abdul Aziz Addrusse, who have since passed away.
“The bench then was inclined to believe that it was Parliament that was supreme, not the Federal Constitution,” Param told FMT. Read more
