LAWS(CAL)-2021-9-86

AMBIKA ROY Vs. WEST BENGAL LEGISLATIVE ASSEMBLY

Decided On September 28, 2021
AMBIKA ROY Appellant
V/S
West Bengal Legislative Assembly Respondents

JUDGEMENT

(1.) The duty of a Judge has been well-defined in Smriti Chandrika in the following terms:

(2.) In State of Rajasthan v. Union of India, (1977) 3 SCC 592, Hon'ble the Supreme Court opined that merely because a question has a political complication, it is no ground for the Court to shirk from performing its duty under the Constitution. So long as a question arises whether an authority under the Constitution has acted within limits of its power or exceeded it, can certainly be decided by the Court. It would be its constitutional obligation to do so. Relevant Para 149 thereof is extracted below:

(3.) It is the duty of the Court to protect the Constitution and its values and the principles of democracy, which has been held to be a basic structure of the Constitution. It is in discharge of this duty that this Court has been called upon to decide the issues raised in the present petition.