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Court's duty to strike down law if it violates fundamental right: Supreme Court

"The moment we are convinced about violation of the fundamental right, the object of these fundamental rights give power to the court to strike down the law," the bench said

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The courts cannot wait for a "majoritarian government" to decide on enacting, amending or striking down a law if it violates fundamental rights, the Supreme Court asserted today.

"We would not wait for the majoritarian government to enact, amend or not to enact any law to deal with violations of fundamental rights," a five-judge bench headed by Chief Justice Dipak Misra observed while hearing a batch of petitions seeking decriminalisation of consensual gay sex.

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