SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 Supreme(SC) 577

SANJAY KISHAN KAUL, ANIRUDDHA BOSE, KRISHNA MURARI
AMIT SAHNI – Appellant
Versus
COMMISSIONER OF POLICE – Respondent


Advocates Appeared:
For the Appellant(s) : In-person
For the Respondent(s):Tushar Mehta, Gurmeet Singh Makker, Anmol Chandan, Pranay Ranjan, Swati Ghildiyal, Rajat Nair, Kanu Agrawal, Mansoor Ali, Advocates

JUDGMENT :

SANJAY KISHAN KAUL, J.

1. Our country made tryst with destiny on the midnight hour of 15th August 1947, shedding the colonial yoke. Despite the pain and turbulence of the partition, the best of the legal and political minds assembled together in the Constituent Assembly to give us one of the most elaborate and modern Constitutions.

2. One of the bedrocks of the Constitution of India is the separation of powers between the Legislature, the Executive and the Judiciary. It is the function of the Legislature to legislate, of the Executive to implement the legislation, and of the Judiciary to test the constitutional validity of the legislation, if a challenge is so laid.

3. The Legislature, in its wisdom, enacted the Citizenship (Amendment) Act, 2019, which has its share of supporters and opponents. The Legislature performed its task. A section of the society, aggrieved by this legislative amendment, has filed petitions before this Court under Article 32 of the Constitution of India, assailing the constitutionality and legality of this amendment, which is pending consideration. There is no stay of the legislation for the purpose of record.

4. There have been protests against this


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top