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Re-enactment Of Struck Down Provisions Shows Forn Of Administration Is Inconsistent With Spirit Of Constitution : Supreme Court On Tribunal Reforms Act
While striking down t he Tribunal Reforms Act, 2021, the Supreme Court made a scathing criticism of the re-enactment of the very same provisions, which were earlier struck down by the Court. This, the Court said, showed that the "form of the administration” was inconsistent with the spirit of the Constitution. The judgment authored by Chief Justice of India BR Gavai referred to the famous quote of Dr BR Ambedkar that it was possible to pervert the Constitution by making the administration inconsistent with the spirit of the Constitution even while maintaining its form. Noting that the provisions of the 2021 Act were a literal re-enactment of the previous rules relating to Tribunals which were struck down in 2019 (Rojer Mathew), 2020(Madras Bar Association -IV), and 2021 (Madras Bar Association-V) cases, the Court said: "The foresighted constitutional vision of Dr. Ambedkar is strikingly evident in the present series of litigations concerning the tribunal system....
भारतीय संविधान के अंतर्गत सिद्धांत केस के साथ
Doctrines under the Indian Constitution — 📚 Important Constitutional Doctrines in India Doctrine Meaning Purpose / Use Key Case / Article Doctrine of Basic Structure Constitution’s core features cannot be amended Prevents Parliament from altering essential features Kesavananda Bharati v. State of Kerala (1973) Doctrine of Eclipse A law inconsistent with Fundamental Rights becomes “eclipsed” and unenforceable, but not void Applies to pre-constitutional laws Bhikaji Narain Dhakras v. State of MP Doctrine of Severability Only the unconstitutional portion of a law is struck down, not the entire law Keeps valid part of legislation intact Article 13(1), R.M.D. Chamarbaugwala case Doctrine of Waiver A person cannot waive Fundamental Rights Protects rights from being surrendered Behram v. State of Bombay Doctrine of Pith and Substance Identifies the true nature of a law if there is overlap between legislative subjects Resolves Centre–State...
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