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
February 28, 2014
February 27, 2014
"Kindly adjourn this case so that my client can die in the meantime" - Counsel argued
Such things happen in life of every lawyers.
It happens more with lawyers in Supreme Court.
Some five years ago, son of a man came.
His father was convicted for ONE YEAR jail for taking bribe of about Rs.1000/-.
He was dismissed from job. Case went on in trial court for some years.
Then his appeal remain for some years in High Court.
High Court dismissed his appeal.
Now his son had come to Supreme Court for filing appeal on behalf of his father.
The father was now seriously suffering from Parkinson disease.
He could not even stand on his leg without support. He had acute diabetes. Capacity of his lungs has reduced. Breathing problems. Perhaps, the Gods had punished him more than the courts.
We filed appeal with request for exemption from surrendering in jail due to medical health problems.
Judge granted exemption. He was now not required to surrender till hearing of appeal was over.
Thereafter, whenever case came for hearing, I fell sick. Case was adjourned.
So it went on. Years rolled by. One day it came up before a strict judge.
He had read previous orders of adjournments.
When the matter was called up, the judge looked at file and frowned, "This case has been adjourned many times. What is the point?"
I said,"The point is, my client is almost on death bed. I have been seeking adjournments time to time in hope that I may not have to argue this case..... "
I left sentence incomplete. But the Judges and everyone in Court got the point.
The two judges discusses merits of case between them and then they granted leave on some other law point. The short cause case became long cause case. It went into list of Final Hearing matters.
After few years, the case came up for hearing in long cause case list.
I inquired and found that my client had died.
Nothing further was required to be done in appeal except to file death certificate.
It happens more with lawyers in Supreme Court.
Some five years ago, son of a man came.
His father was convicted for ONE YEAR jail for taking bribe of about Rs.1000/-.
He was dismissed from job. Case went on in trial court for some years.
Then his appeal remain for some years in High Court.
High Court dismissed his appeal.
Now his son had come to Supreme Court for filing appeal on behalf of his father.
The father was now seriously suffering from Parkinson disease.
He could not even stand on his leg without support. He had acute diabetes. Capacity of his lungs has reduced. Breathing problems. Perhaps, the Gods had punished him more than the courts.
We filed appeal with request for exemption from surrendering in jail due to medical health problems.
Judge granted exemption. He was now not required to surrender till hearing of appeal was over.
Thereafter, whenever case came for hearing, I fell sick. Case was adjourned.
So it went on. Years rolled by. One day it came up before a strict judge.
He had read previous orders of adjournments.
When the matter was called up, the judge looked at file and frowned, "This case has been adjourned many times. What is the point?"
I said,"The point is, my client is almost on death bed. I have been seeking adjournments time to time in hope that I may not have to argue this case..... "
I left sentence incomplete. But the Judges and everyone in Court got the point.
The two judges discusses merits of case between them and then they granted leave on some other law point. The short cause case became long cause case. It went into list of Final Hearing matters.
After few years, the case came up for hearing in long cause case list.
I inquired and found that my client had died.
Nothing further was required to be done in appeal except to file death certificate.
The law of Prevention of Corruption is a little tyrannical. It does not give power to let off small bribe cases with suitable fine
Haresh Raichura
1226
Haresh Raichura
1226
February 26, 2014
Some Laws give 7.5% interest, some courts give 9% interest to people. Banks charge 18%. Anomaly #India #Law
Laws in India are not updated time to time.
Some laws still grant only 6% interest on amount decreed by courts. These laws are there since 1960.
To families of Victims of accident, there is no stability.
Recently I saw a judgement where trial court gave 9%,interest. High Court reduced it to 7.5%. No reasoning.
As a lawyers, how do we explain this to our clients? How do we strengthen their faith in our system?
Haresh Raichura
1225
Some laws still grant only 6% interest on amount decreed by courts. These laws are there since 1960.
To families of Victims of accident, there is no stability.
Recently I saw a judgement where trial court gave 9%,interest. High Court reduced it to 7.5%. No reasoning.
As a lawyers, how do we explain this to our clients? How do we strengthen their faith in our system?
Haresh Raichura
1225
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