Nagpur: A noted lawyer, outstanding academician, Director cum Principal of Central India College of Law Dr S M Rajan (popularly known as ‘Rajan Sir’), a well known personality in the field of law, was awarded Post-Doctoral Degree LL.D. (Doctor of Law) by the Chanakya Law University, Patna for his research project on Constitutional Law. His thesis was titled “Constitutional Validity of Ninth Schedule under Indian Constitution – Critique”.
While speaking exclusively to Nagpur Today, Dr Rajan said that his research included Constitutional Judgments, Constituent Assembly Debates, Legislations and Amendments.
While answering a question if the Constitution needs to be amended, Dr Rajan said that Constitution is a Social Document. It must change according to the ethos of the people. According to him, law is for the welfare of the people.
He expounded the above and quoted the Basic Structure Doctrine which came about following the Keshavananda Case of 1993. He said that the case evolved a doctrine, which says that any law enacted which violates the basic structure Doctrine must be declared as unconstitutional.
The Basic Structure is not defined in our Constitution. The Judges of Supreme Court have evolved the doctrine in order to protect the basic fundamental values of our Constitution.
For example: 1. Right to Life, 2. Right to Freedom of Speech & Expression, 3. Right to equality etc.
He added that in 2007 another landmark judgment of a Bench of 9 Judges in IR Coelho versus State of Tamil Nadu which had further elaborated the Basic Structure Doctrine by introducing two formulas.
1. The Rights Test.
2. Essence of Rights Test.
The Rights Test, as explained by Dr Rajan, means the direct impact or the consequences of the amendment of the Rights. While the Essence of Rights Test means the underlying principle governing the Rights Test. (Undefined Rights). For example: Article 19-14.
Freedom of Expression also means Freedom of Press. Right to Vote too is included in the freedom of expression, Right to know the antecedents of the candidates contesting the elections too is included in the freedom of expression.
While explaining his various achievements, he said that he has a vast experience of having taught the students of law on various subjects of law for over a decade and the RTMNU’s Babasaheb Ambedkar College of Law. He claimed that he has also been visiting/ guest faculty to several institutions including the National Fire Service College (Ministry of Home Affairs, Govt. of India), Rajeev Gandhi National Institute of Intellectual Property Management (Ministry of Commerce and Industries, Govt. of India), S P College of Law, Dr Ambedkar College and Centre for Labour and Social Research and St Charles Seminary, Nagpur. He has also been selected by Chanakya Law University, Patna for LL.D Course with research project of Constitutional Law.
Having completed his post-graduation in Commerce, Industrial Relations and Personnel Management (IRPM), he has obtained his LLM in Constitutional and Administrative Law. He was awarded the prestigious degree in the faculty of Law by the RTMNU on the topic titled ‘Article 356 of the Constitution of India- Percepts and Practices-A Critique’, for which he was felicitated and awarded a ‘Certificate of Appreciation’ at the hands of the then Governor of Maharashtra and Chancellor of RTMNU P C Alexander. He was awarded for being the first research student of then S.P. National Academy for Legal Studies and Research, Chandrapur to be conferred with the degree of Ph.D of Law by RTMNU. He is also an approved Guide for Ph. D students of several Universities including RTMNU.
He claimed that taking note of his meritorious services rendered to the society, the Chief Justice of Bombay High Court, in exercise of the power conferred under the provisions of Legal Services Authorities Act 1987, has recognized him as an ‘Eminent Person in the Field of Law’. Under regulation 6 IV of the Maharashtra State Legal Services Authority Regulations 1988 and nominated him as a Member of High Court Sub-Committee, Nagpur for two consecutive terms.
Dr. Rajan was awarded the ‘Man of the Year-2004’ for his outstanding professional Achievements and Significant Contribution in the field of Legal and Social Services by one of the major and leading authorities on the biographies of distinguished individuals worldwide, the American Biographical Institute, USA. He has been nominated on International Editorial Board of International Journal of Multidisciplinary Research (IJMR). He is also the recipient of Bharat Ratna Dr. B.R. Ambedkar Legal Education National Award of 2012 for his meritorious services in the field of Legal Education and Justice. Dr. Rajan has been felicitated at the hands of Dr. Aziz Qureshi, Governor of Uttarakhand for having conferred with Mahatma Phule Lifetime Achievement National Award-2013 in appreciation of his outstanding contribution in the field of Education and Social Uplift Research work.
Nagpur Today observed that Dr Rajan is a luminary of Legal fraternity. He has a vast knowledge base on legal issues. One can sit for hours with him and can talk on various issues and cases, which he explains like a true teacher.
As told to Samuel Gunasekharan