Justice K Chandru. 
Chennai

Lawfully yours: By Retd Justice K Chandru

Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at citizen.dtnext@dt.co.in

migrator

Chennai

No provision in Indian Constitution to ban Gandhi baiters from holding public office

A BJP candidate, who courted controversy for supporting Nathuram Godse who shot Mahatma Gandhi dead, has won from Ward 134 in the Greater Chennai corporation election with a clear mandate. I haven’t heard of any love-hate conflicts of Gandhi and Godse becoming a campaign point, but still, can a person who openly praised the killer of the Father of Nation at one point be allowed to hold a public office? Just like the right to worship is a fundamental right, is the right to praise or criticise anybody a part of freedom of expression?

— Keerthi Iyer, Tambaram

Fascist Hitler also came to power initially through elections. As far as I know, only the Bangladesh constitution contains a provision banning anyone denigrating its leader Sheik Mujibur Rahman. In our country, no one has been given Demigod status. But there is a Fundamental Duty under Article 51-A that we should cherish the ideals which led to freedom for our country. The Supreme Court is hearing a case that seeks enforceability of the Fundamental Duties. The speech attributed to the elected councillor is, to say the least, uncivilised and unpardonable. But when the electors still elect a person what can we do? We should be happy that there is only one councillor out of 200 who is having such a view.

Visit news.dtnext.in to explore our interactive epaper!

Download the DT Next app for more exciting features!

Click here for iOS

Click here for Android

SC tells 'Jana Nayagan' film producer to return to Madras HC for order on CBFC clearance

Tamil Nadu celebrates Pongal with traditional fervour; PM, CM extend greetings

TN pips Gujarat in export index; crown jewel Kanchi beats Mumbai

European troops arrive in Greenland as talks with US highlight 'disagreement' over island's future

Very serious matter, will examine issue: SC on ED's Kolkata raids facing 'obstruction'