Why it takes 20 to 25 years to Supreme Court to struck down a law as UNCONSTITUTIONAL ?
Some short reasons
The law under which unconstitutional laws are struck down is called "Law of Interpretation of Statues". This is a Judge-made law - developed by judges with experiences over last 500 years.
To struck down a law, it requires long debates. Sometimes debates and arguments in courts require months of hearing and arguments.
1. Three Types of Courts in India have powers to struck down law as unconstitutional. You can file a civil suit for declaring law unconstitutional in court of any Civil Judge nearest to you. You can file writ in High Court and in Supreme Court.
2. Earlier, some lawyers filed petitions in High Court and some choose to file in Supreme Court.
3. Then law changed. If you are challenging any State Law, go to High Court of that State. If you are challenging any Central Law, then come to Supreme Court.
4. Then law changed. Even for challenging a Central Law, you have to first file petition in High Court.
5. People challenged Central Law in many High Courts. So to avoid conflicting decisions, Supreme Court transferred such cases in Supreme Court.
6. Then again law changed. Instead of transferring such cases to itself from various High Courts, Supreme Court transferred all such cases to any one High Court.
7. Then if any party is aggrieved by that decision, it can appeal to Supreme Court.
8. So at present, if you want to challenge any State or Central Law, first you have to fight in High Court. There it may take about 10 years. ( Rough estimate). Then an appeal will come to Supreme Court and again it may take many years before final verdict comes.
This does not mean that Supreme Court cannot take a direct petition against any law. It can. But it uses it's power judiciously. Direct petitions are normally not encouraged.
Well, there is a cliche: "Whatever you see, has some reasons to be there."
You may not fully know the reasons, but it doesn't really matter. Law is a self purifying process. It takes it's own time.
Haresh Raichura
3/10/13
-Haresh Raichura
