Motor Insurance Policy Covers Cross-Border Travel If Specifically Authorized By Valid Permit Under MVA: Supreme Court Petrol Pumps Act As 'Commission Agents' For Mahanagar Gas, Liable To Pay Service Tax Under Business Auxiliary Service: Supreme Court Supreme Court Refuses To Dilute 'Bangalore Water Supply' Ratio, Affirms Worker Protection Remains The Core Of Industrial Disputes Act Order XXII Rule 9(3) CPC | Application Under Section 5 Limitation Act Must Be Filed Separately To Condonate Delay In Setting Aside Abatement: Supreme Court Principle Of Parity | Supreme Court Extends Benefit Of Fixed-Term Sentence To Co-Accused Based On Remission Period Right To Catch Fish Amounts To 'Profit à Prendre' And Is Compulsorily Registrable As A Lease Under Section 17(1)(d) Registration Act: Supreme Court Supreme Court Mandates Adoption Of Guidelines To Inculcate Sensitivity And Compassion In Judicial Processes For Sexual Offences 'Last Seen' Circumstance Is Weak Without Corroboration: Supreme Court Acquits Murder Accused PSEB | Pre-Regularization Service Must Be Counted As Qualifying Service For Pensionary Benefits: Supreme Court Writ Of Quo Warranto Cannot Be Used For Redress Of Personal Grievances By Unsuccessful Candidates In Selection Process: Supreme Court 'Case Of No Investigation': Supreme Court Acquits Murder Accused Citing 'Shoddy' Police Work And Lack Of Forensic Evidence 'Status Quo Cannot Be Vacated Without Appropriate Security': Supreme Court Directs Additional ₹200 Crores Deposit In RAKIA-Matrix Case SARFAESI Act | 'Bank' As Assignee Can Invoke Recovery Measures Even If Debt Was Originally Created By Non-Notified Financial Institution: Supreme Court 'CBI Failed Miserably': Supreme Court Tears Into 'Fabricated' Case, Acquits Bank Manager In 35-Year-Old Corruption Trial Mere Delay In Tax Deposit Cannot Be Equated With Non-Payment: Supreme Court Quashes Penalty On Saudi Arabian Airlines Revisional Power Under Section 56 Karnataka Land Revenue Act Cannot Be Invoked Beyond Three-Year Limitation Period: Supreme Court Prosecution Can’t Use Known Locations To Create 'Discovery' Fiction: Supreme Court Rejects Site Plan As Evidence Irretrievable Breakdown Of Marriage And Long-Term Separation Constitute Valid Grounds For Divorce Under Section 13(1)(ib) HMA: Supreme Court 'Proof Beyond Reasonable Doubt Is A Guideline And Not A Fetish': Supreme Court Acquits Man In 2007 Murder Case Over Fragile Circumstantial Evidence Plea Of Juvenility Is A Jurisdictional Fact; High Court Must Recall Final Judgments Under Section 482 CrPC To Remedy Miscarriage Of Justice: Supreme Court SEBI | Professional Clearing Members Have No Statutory Obligation To Verify Credit/Debit Positions Of Individual Clients Of Trading Members: Supreme Court

American judgments have persuasive value and Upholds Constitutionality of Section 10 of UAPA: SC

04 September 2024 9:49 AM

By: Admin


In a significant ruling, the Supreme Court of India has clarified the applicability of American judgments and upheld the constitutionality of Section 10 of the Unlawful Activities (Prevention) Act, 1967 (UAPA). The judgment, delivered by a three-judge bench headed by Justice Sanjay Karol, addressed the issue of whether American judgments can be solely relied upon in Indian constitutional matters. The court held that while American judgments have persuasive value, they cannot form the sole basis for conclusions in Indian cases. The bench further emphasized the distinction between the Indian and American constitutional provisions.

Justice Sanjay Karol, in the judgment, stated, "Placing reliance on decisions rendered in a distinct scenario as well as a demonstrably different constitutional position, that too almost singularly, especially in cases involving considerations of national security and sovereignty, was not justified."

The case primarily revolved around the constitutionality of Section 10 of the UAPA, which deals with the membership of unlawful associations. The court reaffirmed the validity of this provision, emphasizing the need for checks and balances and public notification before an association is declared unlawful. The court clarified that the prohibition pertains to organizations compromising the sovereignty and integrity of India, and not political organizations or free speech that criticizes the government.

The judgment also highlighted the differences between the Indian and American constitutional frameworks. It emphasized that the rights guaranteed under Article 19(1)(a) and Article 19(1)(g) of the Indian Constitution are subject to reasonable restrictions, while the First Amendment of the U.S. Constitution provides an absolute right to free expression. The court further noted that Indian courts will strike down laws that do not fall under the eight subject matters listed in Article 19(2) of the Indian Constitution.

The Supreme Court decision referred to several American judgments, including Elfbrandt v. Russel, Clarence Brandenberg v. State of Ohio, United States v. Eugene Frank Robel, and others. However, it clarified that these judgments should be considered in light of India's own constitutional, legislative, and judicial framework.

It provides clarity on the use of American judgments in Indian jurisprudence and reinforces the importance of contextualizing legal principles within the Indian constitutional framework.

Date of Decision: 24th March, 2023

ARUP BHUYAN   vs STATE OF ASSAM

 

Latest Legal News