Your Total Savings ₹94000 What was the main issue in the Kartar Singh vs State of Punjab, 1994?
The main issue in the case of Kartar Singh vs State of Punjab was regarding the constitutionality of the Terrorist Affected Areas (Special Courts) Act, 1984, and the Terrorist and Disruptive Activities (Prevention) Acts (TADA), 1985 & 1987. Kartar Singh, the petitioner, challenged these laws on grounds that they infringed the fundamental rights provided by the Constitution of India.
What were the main legal provisions challenged in this case?
The main legal provisions challenged included Articles 245-254 of the Constitution of India concerning the division of legislative powers between the Union and State governments, the concept of Doctrine of Pith and Substance to determine legislative competence, Article 21 of the Constitution, which guarantees the right to a speedy trial, Article 20(3) of the Constitution, which protects against self-incrimination and Section 438 of the Criminal Procedure Code, 1973, related to anticipatory bail.
What is the doctrine of pith and substance?
The doctrine of pith and substance comes to play its role when there is doubt regarding whether a particular legislature (Union or State) has the authority to enact the law. Such doubt is when the law dealing with the subject matter in one list also touches upon the subject matter present in another list. In such a situation it becomes important to find out the main purpose or objective of the law, its “true object” i.e., the pith and substance of the law.
What were the criticisms of the TADA Acts as highlighted in this case?
It was argued that the TADA Acts had the potential for abuse and could violate fundamental rights, particularly regarding the right to a fair trial and protection against self-incrimination.
What was the Kartar Singh vs State of Punjab Judgement?
The Kartar Singh vs State of Punjab Judgement upheld the constitutionality of the TADA Acts but imposed strict guidelines to prevent misuse.
What does the Kartar Singh case represent?
The Kartar Singh case represents a significant judicial attempt to maintain a balance between national security and the protection of fundamental rights.