Topic– Indian Constitution- historical evolution
1) Analyze the reasons given by the supreme court in overturning its earlier judgment in Naz foundation case 2013?(250 words)
Why this question
The article discusses the verdict of SC in section 377 case in detail. This is an iconic case in the evolution of constitution with several remarks made by the justices helping us understand the scope of rights enjoyed us. This article would help us in preparing the verdict of SC in Section 377 case in detail.
Key demand of the question
The question expects us to explain the reasons given by SC in Naz foundation case, examine the reasons why a 5 bench constitutional bench overturned the earlier verdict of the honourable SC. Finally, we need to highlight the implications of the verdict and how it has enriched our understanding of the constitution.
Directive word
Analyze – When asked to analyze, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary
Structure of the answer
Introduction – Highlight the recent turn of events where SC overturned it’s verdict in Naz foundation case and declared section 377 ultra vire to the constitution.
Body
- Discuss the rationale given by SC in Naz foundation case to overturn the verdict of Delhi HC – rights of miniscule minority too small to merit any constitutional protection, prerogative of the legislature etc
- Explain the rationale of SC in the current verdict – the focus on constitutional morality, primacy of the individual, constitution as a living document etc. Quote the significant portions of the verdict to embellish your answer
- Highlight the impact of the verdict – changing social prejudices, expanded the scope of rights enjoyed under article 14, 19 and 21 etc
Conclusion – give your view on the role played by judiciary and its significance for Indian polity, as well as the way forward to ensure the SC verdict is implemented in words as well as spirit.
