When governments pass illegal statutes, or delegated legislations they can be brought under a PIL for declaring 'ultra vires of he constitution under Art 226 r/w 227 or Art 32.
Now any public minded person apart from advocates can move PILs on behalf of the people of india, true it might cause vendetta of politicians if the court passes orders to under doctrine of severability the very section of 10(5) of the IT Act, the politicians might eliminate such PIL mover, as it is normally happening in almost all states in India. Man moving PIL must be bold to face any eventuality only can save the country and its people from political corruption of black moneys. So demonetisation idea obviously to scuttle other political parties by BJP in UP and other states now to go for elections; otherwise 'demonetization ' idea is not in favour of people of india is very very obvious.
I agree with Mr Subhash. For example, take the NIPFP publication , 'Study of Unaccounted Income of India' , a study commissioned by CBDT, in 2011, and the study completed in 2013 clearly stated , 'that major political parties were heavily relying on 'Black moneys (unaccounted cash and bank deposits) , generated by political donations under sec 10(5) of IT Act 1961, exemption clause , permitted any payments of or upto rs. 20, 000/- non receipted amounts on account of coupon sales or donations are the major sources of black money income of political parties (including BJP on), shown on political parties under ROI (form ITR 7) were not questioned by ITOs or AOs of Tax Revenue for so many years, that income is the largest generator of unaccounted moneys - in that funds, even illegally collected by bribes or all kinds of corruption political parties deposited in the splits of rs 20,000 (unaccounted cash) deposited in their bank accounts - EC could have asked IT dept to scrutinise u/s 138 of the iT Act 1961, and could have moved under Art 226 r/w 227 or Art 32 under writs by very EC - but didn't, PILs can come to rescue, as is reported under several PIL judgements cited in the very article; so PIL is a fertile field thans to J.Bhagawati's initiation.
You need to be
logged in to post comment
You can also submit your article by sending to firstname.lastname@example.org
view more »
Our Network Sites
Join LAWyersclubindia.com and Share your Knowledge. Registered members get a chance to interact at Forum, Ask Query, Comment etc.