“To strike down the law as unconstitutional is very much in the domain of the courts, but when the authority having the power to make laws says that it wants time, I’m not in favour of giving them as much time as they want. In fact, I suggest that if you look at the chronology of events, the government did not propose this initially,” he pointed out.
According to the former judge, the government first opposed even the reconsideration of Kedar Nath Singh, in which a Constitution Bench of the Supreme Court in 1962 upheld the constitutional validity of Section 124A. Subsequently, on realising that the Court was insistent on reconsideration, the Centre said that the decision must go to a five-judge Bench, Justice Gupta highlighted.
“Which, I think, is a right submission. These three judges cannot reconsider a five-judge Bench judgment,” he said.
Source: Barandbench
