Politics1 min read

SC: Constitution has primacy over special laws

By · Via Times of India · Published by Everything Blog

In short

The Supreme Court asserted that constitutional provisions must prevail whenever they clash with special legislations such as the NDPS, PMLA, and UAPA. In doing so, the bench faulted an earlier ruling that restricted an accused person's Article 21 rights strictly within the demanding bail parameters of Section 37 of the NDPS Act. That earlier verdict had concluded that prolonged trial delay alone could not override explicit statutory limits on relief. This latest intervention addresses ongoing judicial friction across benches concerning bail eligibility during extended trial delays.

Key points

  • Constitutional rights under Article 21 take precedence over conflicting statutory restric…: Constitutional rights under Article 21 take precedence over conflicting statutory restrictions in laws like the NDPS, UAPA, and PMLA.
  • Prolonged delays in legal proceedings can justify granting bail notwithstanding strict st…: Prolonged delays in legal proceedings can justify granting bail notwithstanding strict statutory requirements barring release.
  • The overarching conflict regarding trial delay and bail under special statutes remains pe…: The overarching conflict regarding trial delay and bail under special statutes remains pending before a larger Supreme Court bench.

Sources checked by our analysis pipeline: 1

'Speedy trial is a fundamental right, can't tinker'NEW DELHI: The Constitution will prevail over all other laws and regulations,

Supreme Court said on Thursday and made it clear that in case of any contradiction or conflict between constitutional provisions and special laws like NDPS, UAPA and PMLA, it is the former which will triumph.

It reiterated that the right to speedy trial was a fundamental right and could not be violated under any law and could be the ground for bail.

The bench of Justices Ujjal Bhuyan and A S Chandurkar faulted the apex court's earlier order, which held that under special statutes such as NDPS Act, an accused's right under Article 21 (speedy trial) must be exercised within the confines of Section 37 of the Act (stringent bail conditions) and cannot be invoked solely on the ground of prolonged delay to override Section 37.

The latest ruling comes amid sharp differences within the apex court over granting bail in PMLA, NDPS and UAPA cases on grounds of delay in trial, with the issue now before a larger bench.

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