False


Download Learnerz IAS app from the Play Store now! Download

$show=search/label/May%202022

 


Bilkis Bano case UPSC NOTE

SHARE:

  Supreme Court's judgment in the Bilkis Bano case The Supreme Court in the Bilkis Bano judgment on Monday held that personal liberty ga...

 Supreme Court's judgment in the Bilkis Bano case

  • The Supreme Court in the Bilkis Bano judgment on Monday held that personal liberty gained through the breach of law cannot be protected.

  • A Bench headed by Justice B.V. Nagarathna said that the rule of law was quintessential for personal liberty or any other fundamental right to exist and flourish

  • Justice Nagarathna, who is in line to be the first woman Chief Justice of India following the seniority norm, said that “those concerned with the rule of law must remain unmindful and unruffled by the ripples caused by it”.

  • Rule of law does not mean protection to a fortunate few

  • The very existence of the rule of law and the fear of being brought to book operates as a deterrent to those who have no scruples in killing others if it suits their ends.

  • The Bench was dealing with a plea by the convicts to invoke its extraordinary powers under Article 142 of the Constitution to let them remain free despite the cancellation of the order for their remission in August 2022.

  • Article 142 of the Constitution cannot be invoked by us in favour of respondents to allow them to remain out of jail as that would be an instance of

  • This court’s imprimatur to ignore rule of law and instead aid persons who are beneficiaries of orders, which in our view, are null and void and therefore non est in the eye of law,” Justice Nagarathna reasoned.

  • The judge said the “courts have to dispense justice and not justice being dispensed with”. 

  • “In fact, the strength and authority of courts in India are because they are involved in dispensing justice. 

  • The judge said there is no room for compassion or sympathy when the rule of law has to be enforced. The courts should be dispassionate, objective and analytical.

Article 142

  • Article 142 provides discretionary power to the Supreme Court as it states that the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.

  • In the early years of the evolution of Article 142, the general public and the lawyers both lauded the Supreme Court for its efforts to bring complete justice to various deprived sections of society or to protect the environment.

  • The Cleansing of Taj Mahal and justice to many undertrials is a result of the invocation of this article only.

  • In the Union Carbide case, relating to the victims of the Bhopal gas tragedy, the Supreme Court placed itself above the laws made by the Parliament or the legislatures of the States by saying that, to do complete justice, it could even override the laws made by Parliament.

  • However, in the Supreme Court Bar Association v. Union of India, the Supreme Court stated that Article 142 could not be used to supplant the existing law, but only to supplement the law.

  • In recent years, there have been several judgments of the Supreme Court wherein it has been foraying into areas which had long been forbidden to the judiciary by reason of the doctrine of ‘separation of powers’, which is part of the basic structure of the Constitution

  • While the notification by the central government prohibited liquor stores along National Highways only, the Supreme Court put in place a ban on a distance of 500 metres by invoking Article 142.


COMMENTS

Name

Amritsar,1,April 2024,301,Art & Culture,11,August 2023,251,August 2024,400,Courses,7,Daily Current Affairs,51,December 2023,189,Disaster Management,2,Environment and Ecology,292,February 2024,228,Foundation Course,1,Free Class,1,GDP,1,GEMS Club,1,GEMS Plus,1,Geography,302,Govt Schemes,2,GS 2,1,GS1,52,GS2,341,GS3,219,GST,1,History,11,Home,3,IAS Booklist,1,Important News,71,Indian Economy,289,Indian History,21,Indian Polity,330,International Organisation,12,International Relations,233,Invasive Plant,1,January 2024,240,July 2023,281,July 2024,375,June 2022,6,June 2023,268,June 2024,324,March 2024,238,May 2022,17,May 2024,330,Mentorship,2,November 2023,169,November 2024,47,October 2023,203,October 2024,369,Places in News,2,Science & Technology,280,Science and Technology,119,September 2023,205,September 2024,336,UPSC CSE,115,UPSC Tips,4,
ltr
item
Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Bilkis Bano case UPSC NOTE
Bilkis Bano case UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
https://www.learnerz.in/2024/01/bilkis-bano-case-upsc-note.html
https://www.learnerz.in/
https://www.learnerz.in/
https://www.learnerz.in/2024/01/bilkis-bano-case-upsc-note.html
true
4761292069385420868
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content