KEYNOTE ADDRESS BY JUSTICE BHUSHAN RAMKRISHNA GAVAI IN THE KESHAVANANDA BHARATI CASE
Case Name – State of Kerala vs. Kesavananda Bharati
At the Justice S.B. Sinha Memorial Lecture at NUSRL Ranchi, Justice Bhushan Ramkrishna Gavai emphasized the critical significance that the Kesavananda Bharati case played in forming India’s constitutional framework. On completion of 50 years of Keshvanand Bharati Judgement, Justice Gavai mentioned the case upholds the basic structure theory, helps Parliament for essential constitutional tenets and also in maintaining the balance of power and defending democracy still depend on this ruling.
Legal Framework:
The Kesavananda Bharati case proved that Parliament’s modifying authority is limited and needs to adhere to the fundamental framework of the Constitution. This idea upholds the integrity of India’s democratic system by safeguarding fundamental rights and making sure that changes to the Constitution cannot change its key provisions.
Source:
- Kesavananda Bharati vs. State of Kerala and Anr
- BAN ON ‘TWO-FINGER TEST’ FOR RAPE VICTIMS BY MEGHALAYA GOVT
SUPREME COURT TO ESTABLISH GUIDELINES FOR EXECUTION AFTER DEATH SENTENCE
Case Name: State of Maharashtra & Ors. v. Pradeep Yashwant Kokade & Anr.
The confirmation of a death sentence and the denial of a mercy petition have prompted the Supreme Court to declare its determination to create a process to prevent execution delays. This action is in response to a case where significant delays resulted in the commuting of death sentences for convicts because their rights under Article 21 were violated.
Legal Framework:
- The Indian Constitution’s Article 21 (Right to Life and Liberty).
- Criminal Procedure Code Sections 413 and 414 (CrPC).
- Article 161 grants the governor’s power of mercy, while Article 72 grants the president’s power.
SUPREME COURT QUESTIONS DELAYS IN DEATH SENTENCE EXECUTIONS
Case Name: State of Maharashtra & Ors. v. Purshottam Borate & Pradeep Kokade
The Supreme Court questioned the lengthy delays in carrying out death sentences at a hearing on an appeal against the commutation of those penalties. The Court emphasised that these delays subject the convicted individuals to excessive psychological stress, which may have an impact on their constitutional rights.This indicates to establish protocols for prompt executions following the denial of a mercy appeal.
Legal Framework:
- Article 21 of the Indian Constitution.
- Sections 413 & 414 of the CrPC.
- Mercy petition guidelines under Articles 72 & 161.
Sources: Supreme Court of India
