August 22, 2014

Can a Bill be challenged in Court, even before it has become an Act? Yes. It can be. My view (In 4 Sentences)

There has been precedents where a threat by proposed by a Bill was so serious and imminent, that Court has entertained petition challenging it's constitutionality.

The Principle

If a thing is not prohibited by law, it can be done. There is no bar or prohibition on Courts to receive a petition challenging a Bill. To entertain such a petition or not, is a question for court to decide depending on facts of each case.

Haresh Raichura
22/8/2014