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India is one of the few countries where capital punishment is legal and is justified under the rarest of the rare doctrine. However, it is not just the execution in principle but the process of execution which matters. Discuss (10 Marks) ATTORNEY GENERAL OF INDIA-DUTIES AND FUNCTIONS


1. Shankari Prasad case (1951)

• The constitutional validity of the First Amendment Act (1951), which curtailed the right to property, was challenged.

• The Supreme Court ruled that the power of the Parliament to amend the Constitution under Article 368 also includes the power to amend Fundamental Rights.

2. Golak Nath case (1967)

• The Supreme Court reversed its earlier stand. In that case, the constitutional validity of the Seventeenth Amendment Act (1964), which inserted certain state acts in the Ninth Schedule, was challenged.

• The Supreme Court ruled that the Fundamental Rights are given a
‘transcendental and immutable’ position and hence, the Parliament cannot abridge or take away any of these rights.

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