The news channels have been telling us that it is now for the Executive to fall in line with the Delhi High Court ruling on Section 377 IPC, to make the law applicable all over the Country. Even Mr. Soli Sorabjee said something to the same effect. But Justice SB Sinha, in Kusum Ingots & Alloys Ltd. V. Union of India, (2004) 6 SCC 254 told me:
"An order passed on a writ petition questioning the constitutionality of a parliamentary Act, whether interim or final keeping in view the provisions contained in clause (2) of Article 226 of the Constitution of India, will have effect throughout the territory of India subject of course to the applicability of the Act." (Para 22)
I don't know who to believe.
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So what do you think? Someone I know said "applicable throughout India but binding only in Delhi", which sounds like fresh, pure bullshit.
ReplyDeletethats pure BS all right.. though it may be argued that SB Sinha's Judgment really means that the judgment is applicable all throughout india inter se between the parties.. because Article 226(2) is meant for that purpose.. but on the other hand.. a judgment on constitutionality of a statute has to be a judgment in rem...
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