SC to decide CA Act validity only after violence stops


New Delhi, Jan 9 (IANS): The Supreme Court on Thursday said it will hear petitions questioning the validity of the Citizenship Amendment Act (CAA) as soon as violence which erupts at protests over the legislation stops.

A bench headed by Chief Justice S.A. Bobde and comprising Justices B.R. Gavai and Surya Kant said there is already so much violence involved in the protests.

The Chief Justice observed that the country is already going through difficult times, and the endeavour should be to restore peace, and such petitions in the matter do not help the cause.

The court's observation came on the mentioning of a petition filed by an advocate Vineet Dhanda seeking the listing of his plea to declare CAA constitutional and also direction from the court to all states to implement it.

Dhanda moved the apex court to defend constitutionality of CAA, and also sought action against activists, students, media houses spreading "false rumours".

The court, putting a query to the lawyer, said: "Who wants CAA to be declared 'constitutional', and how can this court declare that an Act passed by the Parliament is constitutional?"

The court observed that there is always "a presumption of constitutionality, and being a student of law, you should know".

The court also observed that it was unusual to hear somebody seeking a declaration from the court that an Act is constitutional.

The bench said that the job of court is to determine validity of a law and it is not its job to declare it constitutional.

 

  

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Comment on this article

  • anthony, Mangalore

    Thu, Jan 09 2020

    It is as good as statements made by politicians and not from Judges of the Supreme Court.

    The Trust in the Supreme Court is getting eroded with each statement being made either by the Chief Justice or other Judges of the Supreme Court as if they are an extension of the Executive and not an Independent Pillar of Democracy.

    DisAgree Agree Reply Report Abuse

  • ca girishkk, m'lore/dxb

    Thu, Jan 09 2020

    A must read…,

    though I may be wrong.., in my view.... the Hindustan’s Union Govt’s situation look like bizarre & don’t know what to do....????,

    Normally any intelligent, noble & wisdom full human being generally accept the mistake & correct themselves once he realise his/her mistake…, but it doesn’t appears to be so…, means the people who authored this act are either have no knowledge or the skill set to understand the letter & spirit of Hindustan’s constitution(Authored by non-other than tall DALIT leader Bharat Ratna Late Shri Ambedkarji).., whether such action is will full or oversight only LORD BRAHMA knows it…, (there is a possibility also that, probably to keep jumping cheddi less jokers/gau rakshak/chaiwala’s/chowkidaar’s/ pakodawala’s/ safaiwala’s etc., happy.…) and the violence probably caused by people belong to this pool…, who normally trained/mentored to intimidate at the behest of their masters, the protestors who are calm & cool REAL Hindu’s & Hindustani’s…

    Let me quote the court's views : -

    .... "The bench said that the job of court is to determine validity of a law and it is not its job to declare it constitutional",

    The emphasis is about – “Validity of Law”, and the validity is measured & decided after due consideration of Constitution of Hindustan..,

    A law passing process by the parliament may be constitutional, but it doesn’t make the law enforceable if it is against the letter & spirit of Constitution…,

    I badly need one chai…,

    jh
    jai hind..,

    DisAgree [1] Agree [7] Reply Report Abuse

  • Alwin, Mangalore

    Thu, Jan 09 2020

    It may presumed as direction of SC to all to stop respevtive activities followed by violence

    DisAgree Agree [5] Reply Report Abuse

  • Ahmed K. C., Mangalore

    Thu, Jan 09 2020

    Egg came first or the Chicken came first ?????
    A million dollar question !

    DisAgree [2] Agree [9] Reply Report Abuse

  • Mohammed, Mangalore

    Thu, Jan 09 2020

    SC or court of BJP

    DisAgree [6] Agree [15] Reply Report Abuse

  • Ahmed, Bangalore

    Thu, Jan 09 2020

    It's no more SC, neutral judges are no more available. Most of them belonging to RSS or those who have been hijacked by the government are in SC now. If they don't listen to 2 dictators then their post and life in danger.

    DisAgree [5] Agree [10] Reply Report Abuse

  • Manu, Mangalore

    Thu, Jan 09 2020

    So bring Sharia law & everything will be ok !!!!! Really don't understand why people stay here in India who don't have trust in the constitution only believe in Sharia law. Disgusting....

    DisAgree [20] Agree [5] Reply Report Abuse

  • Manu, Mangalore

    Thu, Jan 09 2020

    Ahmad, one thing you should keep in your mind, its people of Hindustan who had selected & elected PM after understanding their party manifesto. Whatever they are doing is exactly what is mentioned in their manifesto. They have full support from the people who had elected them.

    DisAgree [18] Agree [6] Reply Report Abuse

  • Rishi, Thane/ Mumbai

    Thu, Jan 09 2020

    Some people who have voted BJP, may not be knowing what is Election MANIFESTO.

    DisAgree [2] Agree [12] Report Abuse

  • Manu, Mangalore

    Thu, Jan 09 2020

    Rishi, Voting eligibility based on a particular age if you can't decide & not read their election manifesto, then you should start kindergarten classes from today or I should say get well soon.

    DisAgree [5] Agree [5] Report Abuse

  • Rishi, Thane/ Mumbai

    Thu, Jan 09 2020

    Dear Manu,

    Thanks for your Advice, and i know that people should be of certain age to vote and i believe that rather starting Kindergarten better to start one Play group for BJP voters.

    You are in dreamland if you think that all the voters are educated and know to read and understand election Manifesto

    DisAgree [1] Agree [5] Report Abuse

  • Manu, Mangalore

    Thu, Jan 09 2020

    Rishi, dont talk about other people, illiterate people are better than literate people while it comes for nationalism/voting/business deals etc. If you can't understand I will give a simple example of freedom fighters, the majority of them were not even seen schools but they fought for our freedom because they knew the value of freedom & difference between foreigners vs desi.

    DisAgree [6] Agree [1] Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Jan 09 2020

    Violence will stop only after CAB & NRC is Abolished ...

    DisAgree [7] Agree [28] Reply Report Abuse


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