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It's important to note that the Supreme Court has thrown the ball in the Government's court. They have said that they need to uphold the Constitutional section
by sidcool 13y ago
It's important to note that the Supreme Court has thrown the ball in the Government's court. They have said that they need to uphold the Constitutional section until it's there. If the section is repealed it can be done away with.
On the other hand, the Supreme court has the authority to stay such sections which affect fundamental human rights.
This is all objective stuff.
My opinion is that the Supreme Court effectively avoided the issue and put the onus on the government. In simpler terms, I feel the Supreme Court didn't have the balls to strike down the Section 377.
- r00fus 13y agoThey could have refused to take the case, non? That's how the US Supremes effectively avoid taking the decision. Here they effectively nullified an existing decision saying that the legislature has to act to support the decision. Assuming a hostile or deadlocked legislature, this is nothing short of striking down the lower court's decision.