[SC LIVE-UPDATES] [Section 24- New Land Acquisition Act- Constitution Bench Hearing]
SC Constitution Bench begins hearing on Section 24 of new Land Acquisition Act
Senior Advocate R Basant making submission. Basant pointing out that 'or' in Sect 24(2) must be read as 'and'.
J. Mishra - Do we need to expand when there is already a remedy under S9 ?
Dhavan :All my three rights can be put under the umbrella of Sec 9. A violation of Constitution cannot be a violation of constitutional tort.
As far as Part 3 is concerned, we don’t need to go beyond Pradeep Biswas case because it deals with Art. 12. Let’s not mix constitutional rights and statutory rights.
J. Bhat - S9 is to be read with Art. 228. There is a problem of horizontality as well. Rules of the SC don’t allow the same. Limits of expansion under S9 should be considered very seriously.
[Art 228 refers to power of HC to transfer to it cases from subordinate courts if there is substantial question of law]
Dhavan : In ordinary public law cases, people used to go to the country court in England. By constitutional tort, we refer to Art. 15(2), 17, 23, 24. These are obligations on the citizens. Art. 21A is also there, but that is for the State to provide.
Dhavan submitting that a violation of fundamental right can be enforced also as a civil action under Section 9 of Civil Procedure Code.Every violation of an FR can come under S9 of the CPC.
Salve - If any area is occupied by Art. 21, it could require plenary legislation. Post Emergency development of Art. 21 developed by the Courts should be carried forward and continued.
J. Shah - What if the offence is against women ? Will it be against society at large ? Will a mandamus be issued ?
HS - If there’s a vacuum, Courts have the liberty to step in and fill it.
Salve - Democracy is based on the faith of the poor in the system. Power comes from public faith in this institution. There is a state machinery which is supposed to ensure justice. If people lose their faith, then the system will collapse. A Minister is bound by his oath of office.
J. Shah - In your view, if public duty is done by private agency, then govt should be bound ?
Salve- Yes. Part 3 of the Constitution is very important.
J. Bhat - What is the duty of the Court under Art. 226 ?
J. Shah - DPSPs are there to enumerate the duties of the State.