In a recent judgment, the Supreme Court has dismissed a petition that challenged specific articles of the Indian Constitution and Section 149 of the Bharatiya Nyaya Sanhita (BNS), imposing a fine of Rs 10,000 on the petitioner.
The bench, comprising Justices Hrishikesh Roy and SVN Bhatti, addressed the petition’s demand to declare unconstitutional several constitutional articlesโnamely 52, 53, 246, 361, and 368โas well as the oath taken by the armed forces and Section 149 of the BNS. This section specifically pertains to the punishment for amassing arms or ammunition with the intent of waging war against the Government of India.
The court found no merit in the petition, stating, “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 ordered fine is to be deposited with the Supreme Court Legal Services Committee within one week from the date of the order, issued on August 9.
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Article 52 establishes the position of the President of India, while Article 53 details the executive powers of the Union. Article 246 delineates the subject matter of laws crafted by Parliament and state legislatures. Articles 361 and 368 respectively address the protections afforded to the President, Governors, and Rajpramukhs, and outline the parliamentary power and procedures for amending the Constitution.
