The Supreme Court of India dismissed a petition challenging key articles of the Constitution and Section 149 of the Bharatiya Nyaya Sanhita, imposing a Rs 10,000 fine on the petitioner. The decision underscores the court’s strong stance on the inviolability of the Constitution and its laws.
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NEW DELHI: The Supreme Court of India has rejected a petition that sought to challenge several key articles of the Indian Constitution and Section 149 of the Bharatiya Nyaya Sanhita (BNS). The court not only dismissed the petition but also imposed a fine of Rs 10,000 on the petitioner. This decision, delivered by a bench consisting of Justices Hrishikesh Roy and SVN Bhatti, emphasizes the court’s firm stance on the inviolability of the Constitution and the laws enacted under its framework.
The petition in question sought to declare several constitutional articles, specifically Articles 52, 53, 246, 361, and 368, as unconstitutional. Additionally, it challenged the validity of the oath taken by the armed forces and Section 149 of the BNS. This particular section deals with the punishment for individuals who amass arms or ammunition with the intent to wage war against the Government of India.
Supreme Court’s Response to the Petition
Upon reviewing the petition, the Supreme Court found it to be without merit.
The bench firmly stated-
“We find no merit in the writ petition, and therefore, it is dismissed with a cost of Rs 10,000 imposed on the petitioner.”
This concise yet unequivocal dismissal highlights the court’s position that the petition lacked a substantial legal foundation.
The bench further ordered that the fine be deposited with the Supreme Court Legal Services Committee within one week from the date of the order, which was issued on August 9, 2024. This directive is a clear indication of the court’s intent to deter frivolous litigation that challenges the core tenets of the Indian Constitution.
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Understanding the Challenged Constitutional Articles
To comprehend the gravity of this case, it is important to delve into the specific articles of the Constitution that were challenged by the petitioner:
- Article 52: This article establishes the position of the President of India as the head of the state. The role of the President is a pivotal aspect of India’s parliamentary democracy, serving as the ceremonial head and upholder of the Constitution.
- Article 53: This article delineates the executive powers of the Union, which are vested in the President of India. It underscores the President’s role in the administration, although these powers are generally exercised by the Council of Ministers.
- Article 246: This article outlines the distribution of legislative powers between the Parliament and state legislatures. It categorizes subjects into three lists—Union, State, and Concurrent—defining the scope of legislative authority at both the central and state levels.
- Article 361: This article provides protections to the President, Governors, and Rajpramukhs from legal action for actions performed in the course of their duties. It is a crucial provision that ensures the independence and dignity of these high offices.
- Article 368: This article outlines the process by which the Constitution of India can be amended. It specifies the procedures that need to be followed for making changes to the Constitution, ensuring that any amendments are carried out through a rigorous and democratic process.
Section 149 of the Bharatiya Nyaya Sanhita (BNS)
The petition also targeted Section 149 of the BNS, which pertains to the punishment for individuals found guilty of amassing arms or ammunition with the intent to wage war against the Government of India.
