"The Supreme Court last week ruled as unconstitutional the mandatory imposition of the death penalty under the Arms Act in view of the absence of judicial review."
The ultimate sentence was the only penalty available under this provision — a clear violation of the Constitutional rights to equality and life, as the court observed. Moreover, the prescription of the death penalty as mandatory was a contravention of the principle of judicial review. The Hindu : Opinion / Editorial : The law of life In addition, the provision also violates Article 13(2) of the Constitution, which bars Parliament from enacting laws that may abridge fundamental rights.
The ultimate sentence was the only penalty available under this provision — a clear violation of the Constitutional rights to equality and life, as the court observed. Moreover, the prescription of the death penalty as mandatory was a contravention of the principle of judicial review. The Hindu : Opinion / Editorial : The law of life In addition, the provision also violates Article 13(2) of the Constitution, which bars Parliament from enacting laws that may abridge fundamental rights.
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