CHENNAI: Seeking to remove a Member of Parliament for unstated grounds of disqualification would amount to requesting the court to rewrite the Constitution, DMK MP A Raja argued before the Madras high court on Friday.
"It would be an antithesis of democracy, offending the basic structure of the Constitution,” he said.
Raja made the submissions on a plea questioning the authority under which he is holding the post of MP after calling for eradication of Sanatana Dharma.
“The Doctrine of Separation of Powers and the statutory rules of interpretation which applies to the understanding of the Constitution do not permit the issuance of such a writ of quo warranto, nor does it permit the judiciary to super add a condition of disqualification which does not exist in the Constitution,” senior advocate R Viduthalai, representing Raja, said.
Freedom of speech and expression guaranteed under the Constitution is placed above the right to practice any religion under Article 25. It includes the right to conscience and the right to criticise abominable religious practises, which is a constitutionally guaranteed principle, he added.
“The speech of Raja on the persisting pernicious practice propounded by Sanatana Dharma promotes constitutional values and does not derogate from them and is in tune with my duties as a Member of Parliament,” Viduthalai said.
Recording the submissions, Justice Anita Sumanth adjourned the hearing to November 24.
