Supreme Court enters uncharted territory; in Aadhaar, poll bonds, took another stand -Apurva Vishwanath

-The Indian Express

This is perhaps the first time the apex court has stayed a law passed by Parliament without sparing even a single hearing to examine its constitutionality — the court’s primary function.

With its interim order staying the implementation of the three new farm laws, the Supreme Court has entered into uncharted territory. This is perhaps the first time the apex court has stayed a law passed by Parliament without sparing even a single hearing to examine its constitutionality — the court’s primary function.

Although the court’s order acknowledges that there is a presumption in favour of Constitutionality of any legislation, it is, effectively, blurring the boundaries of Parliament’s power to legislate, and the court’s powers of judicial review.

“This Court cannot be said to be completely powerless to grant a stay of any executive action under a statutory enactment,” the court noted in its order. It also cited the instance of the court staying the operation of the Maharashtra law granting reservation to Marathas in jobs and educational institutions through an interim order in September 2020. However, that law was stayed after the Bombay High Court had examined the constitutionality of the statute and the ruling was appealed before the Supreme Court.

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