Legal Question in Constitutional Law in India
Potency of constitution of india
What is the validity of constitution after its subversion by the executive goverment ? Can the executive still draw power from it for other purposes?
3 Answers from Attorneys
Re: Potency of constitution of india
Unless the Court gives a judgement about unconstitutionality of a provision it is binding and treated as constitutional.
Re: Potency of constitution of india
You may consider challenging a seemingly wrong, illegal or unconstitutional decision of the executive in a court of law. However, such decisions/orders are binding till quashed by the court.
Re: Potency of constitution of india
A wise person can easily judge the validity of the order or notification. Unconstitutional order or notification has not significance under constitution. But you have to prove its illegality or subversion of constitution.
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