38.6c New Delhi, India, Saturday, June 22, 2024
Judiciary

'Law Must Not Only Be Validly Framed, It Must Also Have The Moral Authority To Rule': Tripura High Court

By Anurupa Biswas      05 October, 2021 02:54 PM      0 Comments
'Law Must Not Only Be Validly Framed, It Must Also Have The Moral Authority To Rule': Tripura High Court

Justice Akil Kureshi, the Chief Justice of Tripura High Court, said that “law must not only be validly framed but must also be a just law. The very concept of justness is inbuilt in every sphere of law”, while observing influence of Gandhian principles on law.

He was speaking on a webinar on “Gandhian influence on Law” organised by the Delhi High Court Women Lawyer’s Forum is association with Live Law on the occasion of Gandhi Jayanti.

He narrated how in 1922 Gandhiji pleaded guilty of sedition charges, saying:

“Gandhiji challenged the might of the empire only through one principle, that law itself is not enough. It must have the moral authority to rule.”

Justice Kureshi also stressed on the principle of ‘manifest arbitrariness’ by former Supreme Court judge, Justice Rohinton Nariman as the third element of challenge to the constitutionality of a legislation.

The principle of manifest arbitrariness was used by justice Nariman in 2017 when he struck down the practice of Triple Talaq. Consequently, this principle has been used by the Supreme court for many judgements such as decriminalisation of both homosexuality and adultery for being manifestly arbitrary.

Before 2017, there were only two qualifications for laws to pass the constitutionality test- the legislative competence of the parliament to enact such law and whether the law violates any fundamental right or other constitutional provision. However the principle of manifest arbitrariness was added in 2017.



Share this article:



Leave a feedback about this
Related Posts
View All

'Law Must Not Only Be Validly Framed, It Must Also Have The Moral Authority To Rule': Tripura High Court 'Law Must Not Only Be Validly Framed, It Must Also Have The Moral Authority To Rule': Tripura High Court

Before 2017, there were only two qualifications for laws to pass the constitutionality test- the legislative competence of the parliament to enact such law and whether the law violates any fundamental right or other constitutional provision. However the principle of manifest arbitrariness was added in 2017. Tripura High Court, Tripura High Court order, Tripura High Court judgement, Tripura High Court chief justice

Filing of chargesheet not a ground for bail in NDPS cases: Tripura High Court [Read Order] Filing of chargesheet not a ground for bail in NDPS cases: Tripura High Court [Read Order]

Tripura HC cancels bail in NDPS case, ruling that filing a chargesheet alone doesn't justify bail under strict provisions of the NDPS Act.

TRENDING NEWS

gravity-of-offence-not-relevant-when-considering-bail-for-juvenile
Trending Judiciary
Gravity of offence not relevant when considering bail for juvenile [Read Order]

Allahabad High Court grants bail to a juvenile in a serious criminal case, ruling that the gravity of the offence is not a relevant factor in bail decisions.

22 June, 2024 11:18 AM
new-anti-cheating-law-enacted-analysis
Trending Executive
New Anti-Cheating Law enacted: Analysis

In-depth analysis of India’s new Anti-Cheating Law, the Public Examinations (Prevention of Unfair Means) Act, 2024, aimed at curbing exam malpractices.

22 June, 2024 11:38 AM

TOP STORIES

women-including-housewife-approach-ncw-against-controversial-ips-officer-gyaneshwar-singh
Trending Crime, Police And Law
Women, including housewife, approach NCW against controversial IPS officer Gyaneshwar Singh

Two women approach NCW against controversial IPS officer Gyaneshwar Singh, citing harassment for tweets based on news reports about his involvement in high-profile cases.

17 June, 2024 03:10 PM
courts-this-week-law-street-journal-s-weekly-round-up-of-sc-anf-hcs-june-10-june-15
Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [June 10 - June 15]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

17 June, 2024 03:29 PM
man-sues-apple-for-5-million-blaming-company-for-divorce-after-wife-discovers-deleted-messages-with-sex-workers
Trending Business
Man sues Apple for £5 million, blaming company for divorce after wife discovers ‘deleted messages’ with sex workers

A UK man sues Apple for £5M, claiming their unclear policy on deleted messages led to his divorce after his wife found texts to sex workers on another device.

17 June, 2024 04:26 PM
ex-karnataka-cm-yediyurappa-appears-before-cid-for-pocso-case-probe-with-protection-of-no-arrest
Trending Crime, Police And Law
Ex-Karnataka CM Yediyurappa appears before CID for POCSO case probe, with protection of 'no arrest'

Ex-Karnataka CM Yediyurappa appears before CID for POCSO case probe, denies allegations, granted ‘no arrest’ protection. Next hearing: June 28.

17 June, 2024 04:46 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email