Published in IJCP
From the Desk of Group Editor in Chief
Court has a Duty to Strike Down Law if it Violates Fundamental Right: SC
August 04, 2018 | Dr KK Aggarwal
“Courts cannot wait for a "majoritarian government" to decide on enacting, amending or striking down a law if it violates fundamental rights”, state the Supreme Court of India while reserving the verdict on the petitions challenging the validity of Section 377 of the Indian Penal Code (IPC) and seeking decriminalization of homosexuality.
The five-judge Constitution bench headed by Chief Justice Dipak Misra, however, made clear that it may not strike down the law completely and deal with it to the extent it relates to consensual acts between two adults.