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The Supreme Court of India has taken a significant step by recalling its previous judgment that had struck down certain provisions of the Benami Transactions (Prohibition) Act, 1988. The court's decision stems from the recognition that the constitutional validity of these provisions was not adequately addressed in the original ruling. The court's reasoning centers around the fundamental principle of law that the constitutional validity of a provision can only be determined when it is directly challenged. This principle ensures a thorough and comprehensive examination of the law's compatibility with the Indian Constitution.
The court's recall of the judgment and its decision to re-examine the Benami Act provisions signify the importance of due process and legal scrutiny in matters concerning constitutional validity. By restoring the original case for hearing before a new bench, the Supreme Court has opened the door for a more in-depth analysis of the Act's provisions. This comprehensive review is crucial for ensuring that the law aligns with the principles enshrined in the Indian Constitution and upholds the rule of law.
The Supreme Court's decision is a testament to the judicial system's commitment to justice and fairness. It highlights the importance of legal principles and the need for rigorous analysis when addressing complex legal issues, particularly those related to constitutional validity. The court's action underscores its role as a guardian of the Constitution and its unwavering dedication to upholding the fundamental rights and freedoms guaranteed to all citizens of India.
Source: Supreme Court recalls judgment striking down provisions of Benami Transactions (Prohibition) Act