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2022 Benami Judgment UPSC NOTE

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  Why in News The Supreme Court of India recalled its August 23, 2022, judgment regarding the benami property law . The decision was made a...

 Why in News

  • The Supreme Court of India recalled its August 23, 2022, judgment regarding the benami property law.

  • The decision was made after review petitions were filed by the Union government and the Deputy Commissioner of Income Tax.

What is the 2022 Benami Judgment?

  • The 2022 judgment declared certain provisions of the benami property law unconstitutional and arbitrary.

  • It specifically addressed amendments made to the Prohibition of Benami Property Transactions Act, 1988, through the 2016 amendment.

  • Section 3(2) of the amended Act allowed for retrospective punishment and empowered the government to confiscate properties involved in benami transactions.

Why Recalled?

  • The Supreme Court recalled the judgment to reconsider its findings on the constitutional validity of the benami law provisions.

  • The review highlighted that the previous judgment went beyond the specific legal questions raised in the petitions.


Issues with 2022 Judgment

  • The judgment was criticized for not adequately addressing the constitutionality of Sections 3(2) and 5 of the amended Act.

  • It ruled that the law violated Article 20(1) of the Constitution, which prohibits retrospective punishment, but the validity of key provisions was not fully contested during the original proceedings.

  • The Supreme Court emphasized the need for a proper legal contest to evaluate the constitutional issues at hand.


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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: 2022 Benami Judgment UPSC NOTE
2022 Benami Judgment UPSC NOTE
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