When a Law passed by Law Makers can be struck down by courts as UNCONSTITUTIONAL- Some pointers
Any law passed by Parliament or any State Legislature can be struck down by Courts as UNCONSTITUTIONAL
- If it violates fundamental rights of citizens described in Constitution
- If it puts unreasonable restriction on fundamental rights of citizens
- If it violates basic structure theory of Constitution
- If it is beyond the powers given by Constitution to the Parliament and the State Legislatures
- If it violates any other provision of Constitution
- If it destroys the Federal and Democratic Structure of Nation
- If it takes away independence of Judiciary
- If it says that certain orders of Government cannot be challenged in Court
- If it is against the spirit of the Constitution.
-Haresh Raichura
3/10/13
