Supreme Court Dismisses PIL Challenging Constitutional Provisions And Section 149 of Indian Judicial Code

The Supreme Court has rejected a public interest litigation (PIL) that questioned the validity of Section 149 of the Indian Judicial Code (BNS) and several key provisions of the Indian Constitution. The petition, filed by Dr. S.N. Kundra, was dismissed with the Court imposing a fine of ₹10 lakh on the petitioner. The bench, comprising Justices Hrishikesh Roy and SVN Bhatti, ruled that the arguments presented in the petition lacked merit. The Court has directed that the fine be deposited with the Supreme Court Legal Authority within one week.

Constitutional Provisions Under Scrutiny

Dr. S.N. Kundra’s petition challenged the constitutional validity of Articles 52, 53, 75(4), 77, 102(2), 164(3), 191(2), 246, 361, and 368 of the Indian Constitution. These articles cover significant areas such as the powers and duties of the President of India, the executive authority of the Union, the administration of oaths to ministers by the President and Governors, and disqualification from Parliament and state legislatures due to defection. Additionally, the petition questioned the legal immunity provided to the President and Governors under Article 361, as well as the procedures for constitutional amendments outlined in Article 368.

Armed Forces Oath and Section 149 Also Contested

The petition also sought to challenge the oath taken by members of the armed forces and the validity of Section 149 of the Indian Judicial Code. Section 149 deals with the liability of individuals in certain situations, but the specifics of the challenge were not detailed in the petition. The Supreme Court, however, found no basis for these challenges and thus dismissed the PIL, emphasizing that the arguments presented did not warrant further consideration.

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