NEW DELHI: The Supreme Court on Friday said Parliament retains the “absolute prerogative” to enact a law and it is not bound by the undertaking which may have been given by the Centre.
The observations came from a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi which was hearing a batch of petitions challenging the constitutional validity of Section 152 of the Bharatiya Nyaya Sanhita (BNS). Section 152 deals with the acts endangering sovereignty, unity and integrity of India.
A lawyer appearing for the petitioners said Section 152 reintroduces Section 124A (sedition) of the erstwhile Indian Penal Code. In May 2022, a three-judge bench of the apex court had put on hold the colonial-era penal law on sedition till an appropriate government forum re-examines it and directed the Centre and states to not register any fresh FIR invoking the offence.
The lawyer said that in 2022, the Centre had given an undertaking before the top court that they would review the sedition law. The counsel said the government cannot reintroduce the provision in BNS after giving an undertaking before the court.
“An undertaking by the executive does not curtail Parliament’s legislative powers. The Union of India may have given an undertaking before the court but Parliament is not bound by it,” the bench said, adding, “Parliament has the absolute prerogative to enact a law.”
During the hearing, the petitioners also questioned Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), saying it violates the apex court’s Lalita Kumari judgement which mandates registration of an FIR if the information discloses commission of a cognisable offence.
The bench, however, said the Lalita Kumari judgment has been abused, leading to proliferation of frivolous FIRS. “Sometimes judgments are given sitting on ivory towers. Have you seen what kind of litigation it has generated? Once cognisable offence is disclosed, FIR has to be registered. How much that judgment has been abused in this country?” the bench asked.
The bench also said many times courts are abused.
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