SC: Constitution has primacy over special laws | India News

SC: Constitution has primacy over special laws

‘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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