Legal Question in Constitutional Law in India

Constitutional law

If anyone is not happy with decison of gov of forfieting newspaper, book under s.95 crpc,1973 on ground that s.95 is violative of constitution as violative of 19(1)(a) of indian constitution .Wheather he can challange through petition under s.96 or only ramedy to check constitutional validity is writ petition


Asked on 3/24/09, 2:50 pm

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Constitutional law

The validity of a statute may be challenged only before the High Court or the Supreme Court of India.

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Answered on 3/24/09, 4:08 pm
Vivek Mapara Vivek N. Mapara

Re: Constitutional law

To challenge a decision of the Government, you need to file writ against the government in the High Court, challenging such decision.

For challenge as to unconstitutionality of a statute one can file proceedings in the High Court.

In high one can challenge both kind of statutes (Central as well as own state statute)

As regards the merits of your case, you will be able to challenge the decision of the government in exercising its right u/s 96, but on that ground constitutionality of a S. 96 cannot be challenged. Freedom u/s 19(1)(a) is not unfattered , but the same is subject to restriction imposed by any statutue. Under Section 96 if there is any publication violiting the codes, then government has power to seize such materials. Under freedom of speech, one cannot be permitted to do offence.

SO proper remedy for you is to challenge the action of government in exercising its power u/s 96, rather challenging the constitutionality of the statute itself.

Feel free to contact.

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Answered on 3/25/09, 12:08 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Constitutional law

Hello.

GOOD EVENING!

You need to file a writ agains the High Court or the Supreme COurt.

IN CASE OF NEED PLEASE CONTACT PERSONALLY ALONGWITH THE DETAILS.

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Answered on 3/25/09, 7:03 am


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