ARTICLE 226 AND INVALIDATION OF CENTRAL STATUTES: A MOOT EXERCISE
ARTICLE 226 AND INVALIDATION OF CENTRAL STATUTES: A MOOT EXERCISE (Published on a legal blog elsewhere too) PROPOSITION: An order passed on writ petition questioning the constitutionality of a Parliamentary Act whether interim or final keeping in view the provisions contained in Clause (2) of Article 226 of the Constitution of India, will have effect throughout the territory of India subject of course to the applicability of the Act. (Kusum Ingot v. Union of India AIR 2004 SC 2321, P22) B: ARGUMENTS IN FAVOUR X: POSSIBLE RESPONSES TO ARGUMENTS B.1: Article 13(2) provides that any law inconsistent with Part III of the Constitution would be void to that extent. No limits of territoriality have been provided in the provision. X.1: Article 13 could not be read in isolation. Article 226 has to be read simultaneously with it. Further, the legislative history of Article 226 has to be also taken into consideration. 226(2) was the result of a constitutional amendment before wh
