There is no right answer to above question. The Courts presume that all laws are Constitutional until declared unconstitutional by any competent court.
Some laws may look unconstitutional on face of it. But courts are bound to enforce such law until it is declared unconstitutional.
To declare a law unconstitutional is a lengthy procedure. However unconstitutional a law may look, there are rare precedents of interim stay of such provisions.
When any law is challenged as unconstitutional, a power battle erupts between judiciary on one hand and Executive and Legislature on other side.
The Legislature says that they are Supreme power to pass any law which they wish.
The Judiciary says that it has power to set aside any law if it does not confirm to first principles of Constitution.
The debate around any particular provision, takes years and years to settle. In the meantime, public at large suffers.
Supply follows Demand.
So first there should be a demand from people for a speedy mechanism to examine constitutional validity of any law whenever it is challenged. Such cases affect masses and ought to be given top priority hearing in Supreme Court and High Courts.
Haresh Raichura
1227
