Lawstreet Journal

SC Dismisses Petition Seeking Determination Of Minority Status Of Religion, Based On Population Of Concerned State

Lawstreet Journal 22 Feb 2020 3:32am

Image courtesy: Lawstreet Journal Judiciary SC Dismisses Petition Seeking Determination Of Minority Status Of Religion, Based On Population Of Concerned State

A Public Interest Litigation (PIL) filed before the Supreme Court of India was dismissed on Thursday (February 20, 2020) which prayed that the minority status of religion be ascertained based on their population in the concerned State. Petitioner pointed out that Hindus are not considered minorities even in the states where they are not in majority. The bench consisted of Justices RF Nariman and S Ravindra Bhat, who asked the petitioner, Senior Advocate and BJP Spokesperson Ashwini Upadhayay to approach each High Court of the respective States to redefine the Status of the minorities of the State. The petition was filed under Article 32 of the Constitution of India, 1949which deals with Remedies for enforcement of rights conferred in this Part of III;

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed

(2) The Supreme Court shall have the power to issue directions or orders or writs, including writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part

(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2)

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

The PIL sought direction or… Continue Reading...

Tagged: National Commission for Minority  
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