The Supreme Court judgement on the use of the Armed Forces Special Powers Act (AFSPA) has underlined how this draconian law is a threat to the safety and lives of citizens. This Act ensures that the security forces can act with impunity and kill people without being brought to justice. The Court has held that such killings are “destructive of the rule of law and plainly unconstitutional”.
The Polit Bureau of the Communist Party of India (Marxist) welcomes the judicial verdict on the floor test held in the Uttarkhand assembly, upholding the Constitution and the Bommai judgement that lays down that the majority has to be proved on the floor of the assembly and Article 356 should be used only as a last resort.
The Polit Bureau of the Communist Party of India (Marxist) considers the latest ruling of the Supreme Court upholding minimum education qualifications as a prerequisite for candidates contesting panchayat polls in Haryana as being violative of the fundamental feature of universal suffrage guaranteed to all citizens of India by the Indian Constitution.
Taking the opportunity of this judgment, parliament should enact fresh legislation to constitute a National Judicial Commission which is more broad-based and representative.
The appeal against the Allahabad High Court verdict acquitting top BJP and VHP leaders of criminal conspiracy in the demolition of the Babri Masjid is pending before the Supreme Court. The CBI had made the appeal nine months after the High Court verdict of May 2010. The CBI has been lax in pursuing the matter in the Supreme Court.
The judgment of the Supreme Court striking down Section 66A of the IT Act has come out in defence of civil liberties and fundamental rights of citizens. The draconian provision of 66A was used to arrest people who express dissenting views against the government and the State and to suppress criticism of those in power.
Following the Supreme Court order quashing the allocation of 214 coal blocks the Modi Government seems to have decided to promulgate an ordinance empowering the government to take back these coal blocks and reallocate them to private entities through an e-auction.This completely nullifies the coal nationalization Act of 1973. Coal was nationalised as a precious national asset required for the country’s development especially to provide energy resources to the people. By an open market e-auction this objective would be negated. In any case such a decision cannot be taken unless the parliament enacts a legislation nullifying the 1973 Act.
The views expressed by Supreme Court Justice A.R. Dave about the teaching of the Gita and the Mahabaratha in schools, is improper and unwarranted. What Justice Dave has advocated is religious instruction in all schools from Class I. Compulsory religious instruction in government schools violates the basic secular principle enshrined in the Constitution.
The Supreme Court judgment to include a “No Vote” on the ballot is only a minor aspect of the issue of reforms. These matters are being dealt with in a piecemeal way by the judiciary when what is required is comprehensive electoral reforms including the issue of proportional representation, urgent steps to curb money and muscle power, which must be discussed and adopted by Parliament.
The Polit Bureau welcomes the judgement of the Supreme Court that the Aadhar Unique Identity cannot be made mandatory for receiving social benefit schemes. The government has been illegally instituting the cash transfer schemes and identification of beneficiaries of social welfare schemes based on the Aadhar identity.