Friday, August 6, 2010

EQUIPOLLENT- Defined & Explained

Equal in force, power, effectiveness, or significance

Art 32 of the Indian Constitution - protects and enforces fundamental human rights in the Supreme Court. However, there is no such equipollent provision in Malaysia.

[In Malaysia,although these rights are found in the Constitution, it does not include the words-" Protects and enforces fundamental human rights in the Supreme Court" like the Indian Constitution.Further, our Constitution does not say that fundamental rights are protected by the  Federal Court[ ALTHOUGH THE RIGHTS ARE MENTIONED  IN THE FC]. A brief illustration is the Sagong Tasi's case where the Temuan tribe, although they won their case but they still lost their land to the Selangor State Goverment)

The other difference is this- Art 32 of India- the Supreme Courts protects human rights. In Sagong Tasi's episode- he had to take the Selangor State Goverment  to  Court to protect himself. The land was confiscated in 1996- High Court judgment was only given in the 2002. By the time it reached the CA in 2005- the land was already overun by development.

But by Art 32- the Supreme Court would have, by way of an injunction- ordered the Authority to leave the land immediately. [ I really  hope this is removing the mental block of  students]. Have a great weekend.-- VJ

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