Process to get declared unconstitutional a provision of constitution itself
MADHUKAR SINGH
(Querist) 07 January 2014
This query is : Resolved
My query pertains to the following subject-matter:
There are catena of illustrations wherein various Constitutional Amendments have been declared unconstitutional from time to time.
Not a single illustration has surfaced yet wherein any constitutional provision which is in the constitution since the commencement of the Constitution has been declared void by virtue of Art.13.
As to whether provisions which are ab intio in the Constitution are not "law" within the term of Art.13?
If they are "law" then as to whether they cannot be scrutinized under Art.13.
For example if any such provision of law is apparently arbitrary then what is the way to assail such provision.
Raj Kumar Makkad
(Expert) 12 January 2014
This is not a query with the relevant facts rather is an academic discussion.
T. Kalaiselvan, Advocate
(Expert) 15 January 2014
Yes it is not a query and also not a matter to be discussed here. No suggestions offered.