| M | T | W | T | F | S | S |
|---|---|---|---|---|---|---|
| 1 | ||||||
| 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| 9 | 10 | 11 | 12 | 13 | 14 | 15 |
| 16 | 17 | 18 | 19 | 20 | 21 | 22 |
| 23 | 24 | 25 | 26 | 27 | 28 | 29 |
| 30 | 31 | |||||
Table of Contents
This is not less than a story of a movie. The Supreme Court reversed the judgement that was taken 34 years back. It started with the lok sabha elections of 1971. Indra Gandhi won from the seat of Rai Bareli. Her winning was challenged by the defeated participant. Allahabad high court decided against Ms. Indra Gandhi and declared the election void. She went to Supreme court and the apex court upheld the decision of high court but gave her some relaxation.
Yes, this was the time when she mulls out the emergency and changed the Constitution.
At the time of emergency many leaders of opposition and other people were arrested. Many of them filed the writ and got bail from the courts.
The current case was against those writs. The contention of the appellant was that at the time of emergency the fundamental rights are also restricted. Thus no one have the right to file a writ for bail for infringement of fundamental rights.
The supreme court decided in the favour of appellant. The court banned the detenue from filing the writ to get bail. People arrested as a political opponents were kept in jails. Government succeeded in its endeavour.
In the bench of 5 judges , Justice khanna was the only dissent. His dissent resulted in overlooking him at the time of appointment of cheif justice. Lateron he kept on saying that this judgement is a stain on justice at various platforms. Even justice Bhagwati who decided in favour of this judgement finally accepted that this judgement was incorrect.
Around 34 years later in 2010, The court in case of Ramdeo chauhan, admitted that this judgement was a mistake.
It is one of the most historic judgement in the sense that it allowed the government to kill the fundamental right of citizens at the time of emergency
[pdf_attachment file=”1″ name=”optional file name”]
CA Shafaly Girdharwal
CA
New Delhi, India
CA Shaifaly Girdharwal is a GST consultant, Author, Trainer and a famous You tuber. She has taken many seminars on various topics of GST. She is Partner at Ashu Dalmia & Associates and heading the Indirect Tax department. She has authored a book on GST published by Taxmann.
Feb 19, 2024
Nov 03, 2023
Recieve the most important tips and updates
Absolutely Free! Unsubscribe anytime.
We adhere 100% to the no-spam policy.
