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State can’t term economic decline due to pandemic a ‘public emergency’: Supreme Court

-The Hindu

It quashes Gujarat notification exempting factories from paying overtime wages to workers during lockdown between April 20 and July 19

New Delhi: The State cannot declare the economic slowdown caused by the pandemic a “public emergency”to curtail the rights of people, the Supreme Court said on Thursday.

The pandemic had not resulted in an ‘internal disturbance’ of a nature that posed a ‘grave emergency’ whereby the security of India was threatened, it said.

A Bench led by Justice D.Y. Chandrachud observed that the sweeping powers of the State to declare a public emergency could only be wielded in case of “threat to the security of India or a part of the territory must be caused by war, external aggression or an internal disturbance”.

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