[Jan] Why Supreme Court’s ruling on farm laws sets a terrible constitutional precedent? Flashcards
According to Attorney general law can be stayed or struck down only on one of these three grounds,which are these grounds?
One is that it has been passed without legislative competence.
Two that it is violative of fundamental rights.
Third that it is violative of other provisions of the Constitution.
How did the SC justify its order on farm laws?
The bench noted that the court is well within its powers to grant a stay of any executive action under a statutory enactment.
The court’s justification implies that it was apparently making a distinction between staying a law and staying its implementation or any action under it.
The court chose to cite precedent in the order passed by another Bench of the Supreme Court on the Maratha reservation issue.