Times of India3 hours agoLaw1 min readIndia

SC: Constitution has primacy over special laws

Quick Look

India's Supreme Court ruled that the Constitution prevails over special laws like NDPS, UAPA, and PMLA, reiterating that the right to a speedy trial is a fundamental right that cannot be violated under any law and can be grounds for bail.

AI-generated summary

Why It Matters

The Supreme Court faulted its earlier order holding that under special statutes such as the NDPS Act, an accused's right under Article 21 (speedy trial) must be exercised within the confines of Section 37 of the Act and cannot be invoked solely on the ground of prolonged delay to override Section 37. Sharp differences exist 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.

Font size

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.

What to Watch

AI outlook — possibilities, not facts

A larger bench of the Supreme Court will resolve the differences over granting bail in PMLA, NDPS, and UAPA cases on grounds of delay in trial.
Very likely · Within weeks

Open Questions

What specific timeline does the court consider a violation of the right to speedy trial?
How will the larger bench resolve the internal differences within the apex court?
Which pending cases will be affected by this new ruling?