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<b>Arun Jaitley in a freewheeling speech, on Saturday expressed his opinion on several critical issues including quashing the NJAC Act, 2014 judgement that set aside the Delhi High Court verdict de-criminalising consensual gay sex, reservations or quota policy in India, freedom of speech, to name just a few. Here is what he said on topics that are among some of the the most pressing in Indian polity today:</b> (PTI photo) (Text courtesy: PTI)
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<b>FM Arun Jaitley on NJAC Act:</b> Finance Minister said doctrine of basic structure of the Constitution, including elected government and Parliament’s sovereignty, cannot be “dismantled” to save only independence of judiciary and favoured reconsideration of the verdict. “Of course, I have been vocal in my comments about recent judgement on the NJAC. I think at some stage in future, we need to reconsider it. When the law says that the President shall appoint (judges) in consultation with the Chief Justice, to say that this law actually means that the Chief Justice will appoint virtually without consulting anyone, is the opposite of what the Constitution says." (Express photo by Amit Mehra)
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<b>FM Arun Jaitley on Section 377:</b> He said future generations will have to see that the verdict criminalising consensual gay sex “are reconsidered”. “When you have millions of people involved in this (gay sex) you can’t nudge them off,” he said, adding that the court had taken a “conservative view”. (PTI photo)
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<b>FM Arun Jaitley on reservation quota:</b> He said that reservations in job and education for tribal people and others should continue till the time the “deprived section” of the society do not come on par with others. “It’s still not the time to think of that. Let us honestly introspect. It is an argument raised by those who feel that their interest is impacted adversely by reservation. Have we brought the Scheduled Castes and Scheduled Tribes in this country to a level that in 2015 they are able to compete at par… Can we honestly admit that? And, if we can’t, then I think let’s not speak, today at least, about the time frame. Let’s first bring them up.” (Express photo by Renuka Puri)
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<b>FM Arun Jaitley on freedom of speech:</b> Jaitley said that Indian case laws on freedom of speech and expression can match that in Europe and the USA and courts here have always upheld and defended this right. “Courts in India have always defended the right to free speech, guaranteed under the Article 19 of Indian Constitution. We can compete with European courts in this.” (Express photo by Amit Mehra)
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<b>FM Arun Jaitley on fixed time frame for a case:</b> “The laws in which it has been written that the government will decide something within a certain period, that is treated as mandatory. If the government or any institution doesn’t follow that, then the courts say it is a violation of law. But when the time frame is fixed by the courts for the laws… It is my own experience that when I was the law minister, I had amended the Civil Procedure Code and with much pride said that every case will be decided within certain time period. But in one judgement, the Supreme Court said that those recommendations were only suggestive and not mandatory for them. The time boundation is applicable on the entire world but not on judiciary.” (Express photo by Prem Nath Pandey)
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<b>FM Arun Jaitley on legal cases that shaped Indian democracy:</b> Jaitley said that “the most important case would be the Kesavananda Bharti case”. He also mentioned Maneka Gandhi vs Union of India. In Gandhi’s passport case, the court had highlighted the “supremacy of fundamental rights” in the country. FM also referred to historic judgements in the SR Bommai case on imposition of President’s rule in states and the Mandal judgement. Arun Jaitley also listed cases, including a Bombay High Court judgement upholding a local law allowing male bigamy, and said that it requires reconsideration as it is not in consonance with the fundamental rights available to women. (PTI photo)
