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Friday, July 20, 2018

September 2, Forty Years Ago: AG’s Defence

AG De argued it was a fundamental fallacy to suggest that free and fair elections could not be conducted if courts of the country were denied the right of “judicial review” of election disputes.

By: Express News Service | Published: September 2, 2015 12:57:11 am
Attorney General Niren De, Supreme Court, judicial review, Chief Justice A.N. Ray, Sinai Peace deal, Henry Kissinger, indian express De argued that the denial of judicial scrutiny of the election of one or two people did not in any way “alter, damage, destroy or emasculate” the basic

 

Attorney General Niren De contended before the Supreme Court that judicial review by a court of an election dispute was not part of the basic structure of the Constitution. Arguing on behalf of the government before the five-judge Constitution bench headed by Chief Justice A.N. Ray, De argued it was a fundamental fallacy to suggest that free and fair elections could not be conducted if courts of the country were denied the right of “judicial review” of election disputes. De was responding to the arguments of Shanti Bhushan, counsel for Raj Narain, who had challenged the validity of the Constitution (39th Amendment) Act on the ground that the validation of PM Indira Gandhi’s election by the impugned amendment amounted to disturbing the basic structure. De argued that the denial of judicial scrutiny of the election of one or two people did not in any way “alter, damage, destroy or emasculate” the basic structure.

Sinai Peace
Israel signed an interim agreement with Egypt on redeployment in the Sinai peninsula. US Secretary of State Henry Kissinger termed the agreement the first step towards peace between Arabs and Jews in West Asia. The Popular Democratic Front for the Liberation of Palestine described the peace agreement as a “dirty conspiracy”.

With Africa
India voiced its support and sympathy for the right of the African majority of Zimbabwe to have an independent government. Vice President B.D. Jatti explained the Indian position at a banquet for A.G. Zulu, secretary general of the United National Independence Party of Zambia, in Delhi.

No Police Torture
Union Home Minister Brahmananda Reddy wrote to all state governments that torture and third-degree methods should not be used in police investigation.

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