The present condition in India is such that one
should support the abolishing of capital punishment in all cases, except for cases
in which public conscience and national security is at stake. Crimes such as
treason, rape and mutiny tend to create public outrage in the society. The
Supreme Court in its landmark judgment and the legislature in amending the Code
of Criminal Procedure in 1976 made it clear that death sentence would be
prescribed only in rarest of the rare case.
The
Supreme Court has recently strike down NJAC (National Judicial Appointments
Commission), a legal body that decides the appointment of Judges of Supreme
Court and High Court. The Court in its categoric statement, held that the NJAC
was ultra vires of the basic structure of the constitution, for not allowing
Judicial to enjoy its independence, for reasons of unwarranted interference in
deciding the appointments by the Executive. Before getting into the merits of
their arguments, let’s just understand why the NJAC was made in the first
place?
On 16th October, 2015 the Supreme Court of India passed a verdict with regard to equal rights for daughter in relation to partition of ancestral properties in Hindu’s. The second part of the judgement however concentrated on the gender discrimination faced by Muslim women due to the “arbitrary divorce system and second marriage of their husbands during the prevalence of their first marriage”. The Supreme Court has directed the registration of a Public Interest Litigation as well as asked Chief Justice H. L. Dattu to put in place a special bench to contemplate gender discrimination which Muslim women are subjected to.
The present condition in India is such that one
should support the abolishing of capital punishment in all cases, except for cases
in which public conscience and national security is at stake. Crimes such as
treason, rape and mutiny tend to create public outrage in the society. The
Supreme Court in its landmark judgment and the legislature in amending the Code
of Criminal Procedure in 1976 made it clear that death sentence would be
prescribed only in rarest of the rare case.
The
Supreme Court has recently strike down NJAC (National Judicial Appointments
Commission), a legal body that decides the appointment of Judges of Supreme
Court and High Court. The Court in its categoric statement, held that the NJAC
was ultra vires of the basic structure of the constitution, for not allowing
Judicial to enjoy its independence, for reasons of unwarranted interference in
deciding the appointments by the Executive. Before getting into the merits of
their arguments, let’s just understand why the NJAC was made in the first
place?