January 3

1) Extended Judicial Review on Ordinance:

  • In Article 123 and 213 of the constitution where satisfaction of President and Governors for passing the Ordinance
  • The above satisfaction is not immune from Judicial Review
  • The Judiciary will scrutinize whether the Ordinance is based on Oblique motive, if proved it will be fraud on powers of President and Governors
  • Bihar have repromulgated 7 successive times of Non government sanskrit (taking over of management and control) Ordinance 1989, which has been stated as unconstitutional by Patna High Court
  • Considering this, SC also stated, if failing in placing ordinance infront of the Parliament or State legislature is also comes under fraudulent
  • Re-Promulgation is threat to sovereignty of the Parliament and Legislatures, because they are primary law givers

 

2) Representatives of People Act (RPA):

  • SC stated Section 123(3) should be read as, provision mandates that it would amount to a ‘corrupt practice’ if a candidate or his agent or any other person, with his consent, appeals for votes on religious or such grounds
  • Previously it only confined to person standing for election but now it has been broadened in including all his agents, who is the third person in supporting him to captivate votes on the name of Religion, Caste, Race, Community or Language, it comes under corrupt practice and the person will get disqualified
  • The ruling curb communal and separatist tendencies in the country
  • Previously many ruling have been in favour of breached candidates, they are:  
    • In the ruling of J.S Verma, stated Hindutva and Hinduism as way of life of Indian people and Indian culture ethos respectively, where this kind of practice may grab the voters from hindu religion and given justification in other sense
    • Similarly wrt Beef ban, stated ban is based on Animal husbandry, but it was based on political agenda on basis of Hindu Religion
  • Restrictions through this Act violates Free speech which is fundamental provision in Indian Constitution (I’m not support of this argument)

 

3) SC ruling, Collegium recommendation should not languish on somebody’s desk

  • Recommendations were regarding transfer of Chief Judges and Judges of High Court
  • High Court is working with half the sanctioned strength
  • The ghat road tendencies between SC and Executives will make the situation worse by piling up the cases which were already a problem
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