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Critical Times Call for Strong Judicial Adjudication
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Context
Supreme Court to Scrutinize Citizenship (Amendment) Act (CAA)
Concerns over CAA Rules:
- Uncertainty for Rejected Applicants: The CAA Rules are vague about what happens to those whose applications for citizenship are denied, raising fears they might be sent to detention centers.
- Dual Citizenship Issues: Concerns have been raised about foreign applicants retaining dual citizenship, which contradicts the spirit of the parent Act.
- Need for Judicial Clarity: The Supreme Court's involvement is crucial to address these ambiguities and ensure constitutional compliance.
Challenges to Legislative Presumption (Judicial Role and Legislative Malice)
- Presumption of Validity: Traditionally, laws made by Parliament are presumed valid unless proven unconstitutional, limiting courts' ability to interdict.
- Populist Legislation Risks: Populist regimes may introduce targeted legislation, requiring a more assertive judicial approach to maintain constitutional integrity.
- Case Examples: The Court's failure to stay certain controversial laws, like demonetization and the dilution of Kashmir's special status, illustrates the risks of not intervening promptly.
Need for Proactive Judicial Review
- Indian Precedents: The Supreme Court has previously stayed laws deemed contentious, such as the OBC quota and farm laws, demonstrating its capacity for proactive judicial intervention.
- Timely Judicial Action: To uphold constitutional values, the judiciary must act swiftly and decisively against laws that are clearly unconstitutional or divisive.
Mains Question:
Discuss the role of the judiciary in scrutinizing laws that may be constitutionally dubious or targeted against specific communities.
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