The Supreme Court struck down as ultra vires a provision of the Representation of the People Act, which protects convicted lawmakers against disqualification on the ground of pendency of appeal against their conviction in the higher courts. (Mar 23, 2013)
Supreme Court’s verdict came on the petitions filed by Lily Thomas and NGO Lok Prahari through its secretary S N Shukla who had sought striking down of various provisions of RPA on the ground that they violate certain constitutional provisions. Reuters
The government opposing CBI’s plea for more power also raises questions on its assurance of ensuring autonomy given to the Supreme Court which had described CBI as a “caged parrot” that has to be insulated from interference by political executives and external influences.
Laws cannot be ambiguous or subjective, they must be direct & blunt leaving no place for profit of the connected lot. Unlike US, India’s First Amendment gave us Article 19B as addon to Section 124A: First Sedition Case was Queen vs Tilak during Indian Independence Movement.