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SC: Article 142, Mass Amnesties, and the Panchayatisation of the Rule of Law
Within a month of youth-led protests in Delhi and at least half a dozen other locations, the Supreme Court’s September 1 Order invoked its extraordinary powers under Article 142 to quash criminal cases registered across at least five states. This examines the limitations of this ad hoc jurisprudence, arguing that while protection from abusive state prosecution is welcome, linking it to the cancellation of the September 5 march sets a troubling precedent. Constitutional scrutiny demanded a rigorous examination of alleged executive and police overreach, including blanket prohibitory orders under Section 163 of the BNSS and the shutdown of metro stations and internet services. Instead, the alleged excesses of Delhi and other police forces remain unadjudicated.
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Within a month of youth-led protests in Delhi and at least half a dozen other locations, the Supreme Court’s September 1 Order invoked its extraordinary powers under Article 142 to quash criminal cases registered across at least five states. This examines the limitations of this ad hoc jurisprudence, arguing that while protection from abusive state prosecution is welcome, linking it to the cancellation of the September 5 march sets a troubling precedent. Constitutional scrutiny demanded a rigorous examination of alleged executive and police overreach, including blanket prohibitory orders under Section 163 of the BNSS and the shutdown of metro stations and internet services. Instead, the alleged excesses of Delhi and other police forces remain unadjudicated.
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