๐๏ธ The Power to Strike Down Unreasonable Laws
๐ Imagine if Parliament could pass any law, no matter how bizarre or unfair, and courts couldn't touch it. Sounds scary, right? This episode explores how India's Constitution protects us from 'manifest arbitrariness' - laws that are simply unreasonable or whimsical.
๐ก What You'll Discover:
- ๐ How Article 14 became a shield against government whims and arbitrary laws
- โ๏ธ The difference between discriminatory laws and simply unreasonable ones
- ๐ฏ Why courts can now examine if laws make logical sense, not just follow procedures
- ๐ How legal precedents can be overturned when they're clearly wrong
๐ Real Cases Discussed:
- ๐ Shayara Bano vs. Union of India (Triple Talaq Case) - The landmark 2017 case that changed everything
- โญ E.P. Royappa vs. State of Tamil Nadu - Where the famous phrase 'equality is the antithesis of arbitrariness' was born
- ๐๏ธ Maneka Gandhi vs. Union of India - Established reasonableness as the soul of Article 14
- ๐ State of A.P. vs. McDowell & Company - The controversial 1996 decision that was later overruled
- โก Ajay Hasia case - Earlier precedent that allowed striking down arbitrary laws
๐ญ The Legal Drama Unfolds:
๐ช Picture this: A practice that lets husbands instantly divorce wives by saying 'talaq' three times - no discussion, no reconciliation, no fairness. The Supreme Court had to decide: Can something be so unreasonable that it violates our fundamental right to equality?
๐๏ธ By the end, you'll understand how our Constitution protects us from laws that might be legal but are fundamentally unfair - and why this principle is crucial for keeping democracy in check!