New Delhi: The Supreme Court recently rejected a Public Interest Litigation (PIL) that sought to declare several provisions of the Indian Constitution as unconstitutional. The PIL, filed by Dr. S.N. Kundra, a petitioner-in-person, also contested the validity of Section 149 of the Bhartiya Nyaya Sanhita (BNS), which penalises the act of gathering arms with the intention of waging war against the Government of India.
The bench, consisting of Justices Hrishikesh Roy and SVN Bhatti, heard the petition and dismissed it, imposing a cost of Rs. 10,000 on the petitioner. The amount is to be deposited with the Supreme Court Legal Services Committee within one week.
Dr. Kundra challenged the constitutional validity of several key Articles, including Articles 52, 53, 75(4), 77, 102(2), 164(3), 191(2), 246, 361, and 368. These provisions deal with the roles and powers of the President of India, the conduct of government business, disqualification of MPs/MLAs, the legislative authority of Parliament and State Legislatures, and the procedure for amending the Constitution, among others.
The Supreme Court found no merit in the petition and declined to entertain it, leading to its dismissal with costs.
