Supreme Court Dismisses PIL Challenging Section 149 BNS & Certain Articles Of Constitution As Unconstitutional, Imposes Cost

The Supreme Court recently dismissed a Public Interest Litigation (PIL) that sought to declare certain Constitutional provisions as 'unconstitutional'.

The petitioner also challenged S.149 of the Bhartiya Nyaya Sanhita.

The petitioner also challenged constitutional provisions relating the President of India, Parliament's power to amend the constitution, amongst other things

The bench of Justices Hrishikesh Roy and SVN Bhatti was hearing the PIL filed by a petitioner-in-person Dr SN Kundra who had challenged the constitutional validity of Articles 52, 53, 75(4), 77, 102(2), 164(3), 191(2), 246, 361, and 368 of the Constitution of India unconstitutional. Additionally, the petition sought to challenge the oath taken by armed forces and Section 149 of the Bhartiya Nyaya Sanhita. 

S. 149 of BNS penalizes the act of collecting arms intended for waging war against the Government of India.  

Refusing to entertain the petition, the bench dismissed it with costs of Rs. 10,000/-

"We have perused the averments in the writ petition. Also considered the submission made by the petitioner-in-person. We see no merit in the writ petition and the same is accordingly dismissed, imposing a cost of Rs.10,000/- on the petitioner. The cost amount be deposited with Supreme Court Legal Services Committee within one week from today."

It may be noted that Article 52 provides that India shall have a President; Article 53 deals with executive powers of the Union; Article 75(4) states the requirement of oath of office by each Union Minister administered by the President of India. 

Article 77 deals with the conduct of business of the Government of India; Articles 102(2) and 191(2) states disqualification of an MP/MLA under the 10th Schedule; Article 164(3) states the administration of oath by the governor for a State's council of ministers; Article 246 lays down the subject of the laws upon which the Parliament and State Legislature can legislate.

Article 361 deals with the constitutional immunity granted to the President, Governors and Rajpramukhs and Article 368 lays down the powers and procedures for the Parliament to make a constitutional amendment. 

Case Details : Dr. SN Kundra v. Union of India Writ Petition(s)(Civil) No(s).347/2024

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