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Is it possible to challenge a central legislation
25-Jul-2023 (In Supreme Court Law)
Can an amendment to a central legislation be declared as unconstitutional because it changed the position of law as set by a Supreme Court decision? Can it be called arbitrary and violating Ar. 14 (legitimate expectations)? If a High Court declares an amendment to a central law as unconstitutional on the above basis, will that amendment be struck down for the entire country? And, in the meanwhile, if the Central Government has not appealed against such HC judgment in the SC, but such question of law comes up before the SC, in some other case, what would the SC do? Please clarify.
Supreme court has constitutional power to strike down such legislation as it has power under the constitution .Rendering a judgment nullified by subsequent legislation is always subject to judicial scrutiny
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Adv. Dr.Nirmal Chopra
Delhi | 25+ Answers
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Hello client.
Hi i have read your question in which you have query reagrding a cetral legislation which has been implimented by the central government in the condition when supreme court has already issued a guide line in that act about perticular clause has been quashed then still some contratry claues has been enacted. Yes you can challenge thay clause in supreme court.
Hi i have read your question in which you have query reagrding a cetral legislation which has been implimented by the central government in the condition when supreme court has already issued a guide line in that act about perticular clause has been quashed then still some contratry claues has been enacted. Yes you can challenge thay clause in supreme court.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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The SC cannot gives interpretation on the laws passed by the executive, the Parliament. The SC will never Legislate by way of a interpretation. A amendment in central legislation will of course bring something new in a section by either insertion or deletion. No it cannot per se be unconstitutional. The legislature can always bring new laws overriding a SC decision. It is not arbitrary. If some one thinks it is, one can always challenge it. Yes if a amendment or a law is struck down by the HC, then depending upon it's enforcement validity it would be invalid for that time. If the questions comes up before SC, the SC can decide the issue.
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Adv. Shekhar Raj Sharma
Delhi | 100+ Answers
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Hi
Law are made by legislatures but if it contravene to the Constitution it can declare void; it has no relation with the judicial precedents set by the ho'ble SC and H.C, but same can be challenged before the court of law time to time.if H.C decide any question regarding some issue it will be judgement apply to that case and to that state only as jurisdiction of H.C is in whole state courts depends upon the fact of the case. the hon,ble supreme Court decide the matter came before it and it do have discretion to recall the matter.no law have retrospective effect.
Law are made by legislatures but if it contravene to the Constitution it can declare void; it has no relation with the judicial precedents set by the ho'ble SC and H.C, but same can be challenged before the court of law time to time.if H.C decide any question regarding some issue it will be judgement apply to that case and to that state only as jurisdiction of H.C is in whole state courts depends upon the fact of the case. the hon,ble supreme Court decide the matter came before it and it do have discretion to recall the matter.no law have retrospective effect.
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Adv. Savita Tanwar
Delhi | 25+ Answers
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