Building a Wider
Horizon With Labour
The Court struck down section 21 of the Bonded Labour System (Abolition) Act. This provision was unfair and unreasonable as an Executive Magistrate is also part of the Vigilance Committee constituted under the Bonded Labour System (Abolition) Act to look into existence of bonded labour and would therefore be biased. This section was also against Article 50 of the Constitution of India which enshrines the principle of separation of powers. Section 21 was also violative of Articles 14, 19 and 21 which mandate the right to fair hearing and trial as part of right to life and liberty. The Court thereby directed that all cases pending under the Act before the Executive Magistrates or Sub-Divisional Magistrates would stand transferred to concerned Judicial Magistrates and for that Executive Magistrates or Sub-Divisional Magistrates must take steps and transmit the records of the cases to the appropriate Judicial Magistrates.
