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@Shashank_Patir absolutely no problem Bro.. btw i like you taking interest in current affairs even when you are in 1st sem of graduation! Keep on doing so and when you come the last sem suddenly u feel the cse syllabus to become more easier to u than your fellow competitors.. ATB.
@ VIBIN SPOT ON MAN thats wat happened procedure established by law won over due process of law even through fundamental right to expression was compromised
If High Court could decriminalse it under judicial activism what stopped SC from doing so or in such cases SC deliberately leaves the ball in parliament's court?
@rookie You are absolutely correct in saying that SC's judgment was legally valid. The personal opinion of the SC judge doesn't matter w.r.t law or else it constitutes activism. There’s a section even among LGBT backers who say that they should've tried to bring change through legislature instead of courts. In view of this, SC decision - although looks regressive - is correct.
However, to say that "SC judges know it violates FRs and still can't do anything" would be wrong. SC can, as you're aware, strike down a law (even if decade old) if it believes that the law violates FR. Surely they didn't think that the above law violates FR of written Indian constitution and therefore left it for legislature to effect a change, if required (they might want these rights as a part of FR itself but that is a different point).
I believe you said that probably to explain activism in an easy way but sounded factually incorrect to me. Let me know if you disagree.
If High Court could decriminalse it under judicial activism what stopped SC from doing so or in such cases SC deliberately leaves the ball in parliament's court?
Nothing. They just didn't follow the path of activism, as it involved morality - @rookie has already pointed out.
@rookie, @vibin and others, PLEASE stop misinforming others about the "legality" of this judgement. I'd love to stay and chat but I am presently laptop-less so this is being typed in annoyed haste from a phone- but for the love of IAS, please stop saying things like "the SC is legally right". The very mandate of the SC is to test legislations against the constitution and protect the rights guaranteed therein.
This is an excellent analysis of the judgement: m.outlookindia.com/article.aspx/?288823&maneref=http%3A%2F%2Ft.co%2F6Zdwsb8Hma
@rookie, @vibin and others, PLEASE stop misinforming others about the "legality" of this judgement. I'd love to stay and chat but I am presently laptop-less so this is being typed in annoyed haste from a phone- but for the love of IAS, please stop saying things like "the SC is legally right". The very mandate of the SC is to test legislations against the constitution and protect the rights guaranteed therein.
This is an excellent analysis of the judgement: m.outlookindia.com/article.aspx/?288823&maneref=http%3A%2F%2Ft.co%2F6Zdwsb8Hma
THAT, is a very very very annoyed lawyer right there :P
@rookie, @vibin and others, PLEASE stop misinforming others about the "legality" of this judgement. I'd love to stay and chat but I am presently laptop-less so this is being typed in annoyed haste from a phone- but for the love of IAS, please stop saying things like "the SC is legally right". The very mandate of the SC is to test legislations against the constitution and protect the rights guaranteed therein.
This is an excellent analysis of the judgement: m.outlookindia.com/article.aspx/?288823&maneref=http%3A%2F%2Ft.co%2F6Zdwsb8Hma
For the love of IAS ?! Did u even read the comments posted above and in what context they were made ?
Ok if it makes u happy then take this - " SC's judgment is illegal and the judges are no more than a bunch of fools who have no inkling of what is written in constitution or the laws and hence have passed such moronic order" !
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Comments
ATB.
@Vibin
Just a thought !!
If High Court could decriminalse it under judicial activism what stopped SC from doing so or in such cases SC deliberately leaves the ball in parliament's court?
You are absolutely correct in saying that SC's judgment was legally valid. The personal opinion of the SC judge doesn't matter w.r.t law or else it constitutes activism. There’s a section even among LGBT backers who say that they should've tried to bring change through legislature instead of courts. In view of this, SC decision - although looks regressive - is correct.
However, to say that "SC judges know it violates FRs and still can't do anything" would be wrong. SC can, as you're aware, strike down a law (even if decade old) if it believes that the law violates FR. Surely they didn't think that the above law violates FR of written Indian constitution and therefore left it for legislature to effect a change, if required (they might want these rights as a part of FR itself but that is a different point).
I believe you said that probably to explain activism in an easy way but sounded factually incorrect to me. Let me know if you disagree.
PLEASE stop misinforming others about the "legality" of this judgement. I'd love to stay and chat but I am presently laptop-less so this is being typed in annoyed haste from a phone- but for the love of IAS, please stop saying things like "the SC is legally right". The very mandate of the SC is to test legislations against the constitution and protect the rights guaranteed therein.
This is an excellent analysis of the judgement: m.outlookindia.com/article.aspx/?288823&maneref=http%3A%2F%2Ft.co%2F6Zdwsb8Hma
Ok if it makes u happy then take this - " SC's judgment is illegal and the judges are no more than a bunch of fools who have no inkling of what is written in constitution or the laws and hence have passed such moronic order" !