14 July 2025: The Hindu Editorial

1. A vaccine against subversion of public institutions

Source – Page 1, The Hindu Delhi Edition

Topic: GS2 – Governance, Constitution, Judiciary

Context

The Supreme Court issued notices to the Centre on multiple petitions challenging the constitutional validity of the three new criminal laws that came into effect on July 1, 2025—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). These laws have replaced IPC, CrPC, and Indian Evidence Act, respectively.

Key Provisions under Scrutiny

• Petitioners argue that the new laws were passed without proper parliamentary debate and consultation.

• Some provisions, especially regarding sedition, preventive detention, and expanded police powers, are being challenged for violating fundamental rights (Articles 14, 19, and 21).

Legislative Background

• The three codes were passed by Parliament in December 2023 during a boycott by most opposition parties.

• Critics argue that the laws retain colonial structures and terminology, despite the claim of decolonisation.

Judiciary’s Role

• The Supreme Court’s intervention signals its role as a constitutional check on legislative excess.

• The Centre is expected to file a detailed response within 6 weeks.

Way Forward:

• Encouraging wide public and parliamentary discourse on such foundational legal reforms.

• Supreme Court’s constitutional bench may take up substantive hearing in coming months.

Practice Question: Critically examine the constitutional and procedural concerns raised over the enactment of the new criminal law codes in India. How do they impact the rights of citizens and the role of the judiciary?

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