Court Must Conduct Inquiry on Mental Competency Before Appointing Legal Guardian - Punjab and Haryana High Court Right to Bail Cannot Be Denied Merely Due to the Sentiments of Society: Kerala High Court Grants Bail in Eve Teasing Case Supreme Court Extends Probation to 70-Year-Old in Decades-Old Family Feud Case Authorized Railway Agents Cannot Be Criminally Prosecuted for Unauthorized Procurement And Supply Of Railway Tickets: Supreme Court Anticipatory Bail Cannot Be Denied Arbitrarily: Supreme Court Upholds Rights of Accused For Valid Arbitration Agreement and Party Consent Necessary: Supreme Court Declares Ex-Parte Arbitration Awards Null and Void NDPS | Lack of Homogeneous Mixing, Inventory Preparation, and Magistrate Certification Fatal to Prosecution's Case: Punjab & Haryana High Court "May Means May, and Shall Means Shall": Supreme Court Clarifies Appellate Court's Discretion Under Section 148 of NI Act Punjab & Haryana High Court Orders Re-Evaluation of Coal Block Tender, Cites Concerns Over Arbitrary Disqualification Dying Declarations Must Be Beyond Doubt to Sustain Convictions: Madhya Pradesh High Court Acquits Accused in Burn Injury Murder Case No Legally Enforceable Debt Proven: Madras High Court Dismisses Petition for Special Leave to Appeal in Cheque Bounce Case Decisional Autonomy is a Core Part of the Right to Privacy : Kerala High Court Upholds LGBTQ+ Rights in Landmark Habeas Corpus Case Consent of a Minor Is No Defense Under the POCSO Act: Himachal Pradesh High Court Well-Known Marks Demand Special Protection: Delhi HC Cancels Conflicting Trademark for RPG Industrial Products High Court Acquits Accused Due to ‘Golden Thread’ Principle: Gaps in Medical Evidence and Unexplained Time Frame Prove Decisive Supreme Court Dissolves Marriage Citing Irretrievable Breakdown; Awards ₹12 Crore Permanent Alimony Cruelty Need Not Be Physical: Mental Agony and Emotional Distress Are Sufficient Grounds for Divorce: Supreme Court Section 195 Cr.P.C. | Tribunals Are Not Courts: Private Complaints for Offences Like False Evidence Valid: Supreme Court Limitation | Right to Appeal Is Fundamental, Especially When Liberty Is at Stake: Supreme Court Condones 1637-Day Delay FIR Quashed | No Mens Rea, No Crime: Supreme Court Emphasizes Protection of Public Servants Acting in Good Faith Trademark | Passing Off Rights Trump Registration Rights: Delhi High Court A Minor Procedural Delay Should Not Disqualify Advances as Export Credit When Exports Are Fulfilled on Time: Bombay HC Preventive Detention Must Be Based on Relevant and Proximate Material: J&K High Court Terrorism Stems From Hateful Thoughts, Not Physical Abilities: Madhya Pradesh High Court Denies Bail of Alleged ISIS Conspiracy Forwarding Offensive Content Equals Liability: Madras High Court Upholds Conviction for Derogatory Social Media Post Against Women Journalists Investigation by Trap Leader Prejudiced the Case: Rajasthan High Court Quashes Conviction in PC Case VAT | Notice Issued Beyond Limitation Period Cannot Reopen Assessment: Kerala High Court Fishing Inquiry Not Permissible Under Section 91, Cr.P.C.: High Court Quashes Trial Court’s Order Directing CBI to Produce Unrelied Statements and Case Diary Vague and Omnibus Allegations Cannot Sustain Criminal Prosecution in Matrimonial Disputes: Calcutta High Court High Court Emphasizes Assessee’s Burden of Proof in Unexplained Cash Deposits Case Effective, efficient, and expeditious alternative remedies have been provided by the statute: High Court Dismisses Petition for New Commercial Electricity Connection Maintenance Must Reflect Financial Realities and Social Standards: Madhya Pradesh High Court Upholds Interim Maintenance in Domestic Violence Land Classified as Agricultural Not Automatically Exempt from SARFAESI Proceedings: High Court Permissive Use Cannot Ripen into Right of Prescriptive Easement: Kerala High Court High Court Slams Procedural Delays, Orders FSL Report in Assault Case to Prevent Miscarriage of Justice Petitioner Did Not Endorse Part-Payments on Cheque; Section 138 NI Act Not Attracted: Madras High Court Minority Christian Schools Not Bound by Rules of 2018; Disciplinary Proceedings Can Continue: High Court of Calcutta Lack of Independent Witnesses Undermines Prosecution: Madras High Court Reaffirms Acquittal in SCST Case Proceedings Before Tribunal Are Summary in Nature and It Need Not Be Conducted Like Civil Suits: Kerala High Court Affirms Award in Accident Claim Affidavit Not Sufficient to Transfer Title Punjab and Haryana High 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

 

Similar News