Supreme Court Case Essay

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After examining the case thoroughly and observing the complete background of politics and power, it can rightly be observed that judgement was good on the jurisprudential aspect but it failed to strike the cord of justice and failed to set exemplary judgement in the history of this country. It could have been used as a turning point in the legal world because Constitution was relatively new in 1971. It could have set standard and made people believe in the justice system of this new democracy which was then reviving from many teething problems. It can be said with due respect to the Hon’ble Judges and Supreme Court of India that the judgement failed on the grounds of justice , equity and good conscience.
Our Constitution says that every person is equal in the Court of law but here Smt. Indira Gandhi, the then PM was acquitted of many serious
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The Hon’ble Supreme Court overlooked a fact that these amendments were made with a sole reason of removing all the charges put on Smt. Indira Gandhi while delivering the judgement in which it said that Amendment Acts of 1974 and 1975 were constitutionally valid as they were legislative and Parliament had power to amend them. Also, these amendments were never debated because all the opposition leaders were put in preventive detention which restricted them from voting against the amendment or voicing their opinion over them. With the due respect to the Hon’ble Supreme Court, I would like to state that it was ignorant on the part of the Court to say that it was a matter of Parliament and Court cannot do anything about it. The duty of Hon’ble Supreme Court is to uphold the Constitution and it is the Guardian of the same. Here Constitution was tempered with ill-intention in illegal manner. Being the watchdog, terming this out of their Jurisdiction was a sign of some politically motivated

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