Three cheers for the “rights test”

The day would not be complete without celebrating the Supreme Court’s unanimous decision

It’s simple. Any law—even one enacted under the back-door Ninth Schedule of the Constitution—can be struck down by the Supreme Court if it violates the fundamental rights of India’s citizens. Rights are supreme. Laws have to pass the “rights test”. Those that fail can now be rendered null and void. [See full text of judgement]

Let’s drink to that!

3 thoughts on “Three cheers for the “rights test””

  1. Yes, I’ll drink to that too.

    Myopic perspectives apart, the longterm wisdom of the consitution desginers (‘founding fathers’ in Yankeese) comes into focus on occasions like these. The SC has made a string of common-sensical and fairplay-laden judgements in recent months (many more since the UPA assumed power, must admit) and IMO the fact that they’re not elected (and commonsense not so electable, perhaps) might have something to do with it.

    Bravo. Grande. Cheers.

  2. What about suspension of the rights in times of Emergency?

    Also .. SC ruling puts a question mark on use of Ninth Schedule to insulate Govt against judicial review. So opens up for review, laws on reservation, land acquisition, even the proposed Delhi law on sealing. .. Why do I get the feeling this is what stirred the nest?

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