26 Jan 2021 2:09 PM GMT
Supreme Court Judges Justice NV Ramana, Justice DY Chandrachud and Justice SK Kaul have recently talked about the 1975 National Emergency during a book release function.The judges were speaking at the launch of the book "The Law of Emergency Powers" by Senior Advocate Dr AM Singhvi and Jindal Global Law School's Prof. Khagesh Gautam. The seniormost judge of the top court, Justice N. V....
Supreme Court Judges Justice NV Ramana, Justice DY Chandrachud and Justice SK Kaul have recently talked about the 1975 National Emergency during a book release function.
A bench of Justices Chandrachud, KM Joseph & Indu Malhotra held that the pandemic situation cannot be a reason to do away with statutory provisions that provide dignity and rights for workers by the Gujarat Government. In this context, the bench has stated that the pandemic is not a "public emergency" within the meaning of Section 5 of the Factories Act threatening security of the country.
In his turn, Justice Kaul explained that the emergency power widened the scope of the ordinary power of the government which is insufficient in the times of the crisis. "The legal regime for the emergency is such that it is the constitutional limits combined with the statutory powers which are the key to ascertain whether the emergency would be a threat to constitutionalism or a measure to restore stability and constitutional order", he said.