Once A Law Is Declared Unconstitutional, It Becomes Inoperative From Its Inception; Void Ab Initio : Supreme Court

Awstika Das

11 Sept 2023 9:07 PM IST

A constitution bench of the Supreme Court has reiterated that a declaration as to such unconstitutionality will relate back to the time of the law's enactment.

Once a law is declared unconstitutional on grounds of it infringing any of the fundamental rights guaranteed under Part III of the Constitution, it would be held to be unenforceable right from the date of enactment, a Supreme Court constitution bench has observed. While holding that its 2014 judgment declaring Section 6A of the Delhi Special Police Establishment Act 1946...

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Awstika Das

Awstika Das, an alumna of the Faculty of Law at the University of Delhi, and the Department of International Relations at Jadavpur University, is a Delhi-based lawyer and a multimedia journalist. She works as a special correspondent covering the Indian Supreme Court. She also hosts a weekly legal news round-up segment on YouTube.

Once A Law Is Declared Unconstitutional, It Becomes Inoperative From Its Inception; Void Ab Initio : Supreme Court

Awstika Das

A constitution bench of the Supreme Court has reiterated that a declaration as to such unconstitutionality will relate back to the time of the law's enactment.

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

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Awstika Das

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