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.
Showing posts with label Section 377. Show all posts
Showing posts with label Section 377. Show all posts
Friday, 3 July 2009
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