Live Law

2026-05-14 10:54:27

  • Shivam: when it comes to invalidation of legislation, the first being part III violation, schedule VII or 265 violation-my submission is please employ constitional morality to understand the depth of violation. for instance, in cricket- there are recognised modes of dismissals- you can't be declared out for violating sportsmen spirit. please use morality to reflect what is the reason behind such provision and not for a standalone provision.

    when we see what is constitutional morality- we have seen long line of decisions- what is relevant- please don't have a prestanding power because presumption of constitutionality will also be attached. morality is extremely abstract and can be varied from person to person. the spirit of cricket can be understood by different empires differently so is constitutional morality. 

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