STATUTE CANNOT BE INVALIDATED FOR BASIC STRUCTURE VIOLATION RULED BY SC

by | Nov 6, 2024

Headline

The Supreme Court of India states that Basic Structure Doctrine cannot be sole ground for challenging validity of the Statute.

Summary

The Supreme Court of India upheld the validity of the Uttar Pradesh Board of Madarsa Education Act, 2004, stating that a statute cannot be struck down solely on the ground that it violates the Basic Structure of the Indian Constitution . The Supreme Court stresses that challenges to a statute’s validity must cite a violation of specific Constitutional provisions or legislative incompetence, rather than general principles like secularism.

Key Facts

  • Case Name: Anjum Kadari & Another vs. Union of India & Others, Diary No. 14432-2024; 
  • Managers Association Madaris Arabiya UP v. Union of India, SLP(C) No. 7821/2024.
  • Judges Name: Chief Justice DY Chandrachud, Justice JB Pardiwala, Justice Manoj Misra.
  • High Court Decision Overturned: Allahabad High Court had struck down the Act on the grounds of violating secularism which is considered as a Basic Structure feature.

Legal Insights

Chief Justice DY Chandrachud shed light on the fact that only Constitutional amendments, not ordinary statutes, can be tested against the Doctrine of Basic Structure. For statutes, a clear violation of Part III or lack of legislative competence is needed for invalidation.

Impact

This ruling of the Supreme Court shows the udicial limits on declaring statutes unconstitutional, by making sure that only direct constitutional breaches or lack of legislative authority can invalidate legislation.

Why It Matters

The judgment defines the boundaries of the Basic Structure Doctrine in statute challenges, stressing on the legislative authority and specific constitutional protections, rather than broad philosophical principles, in upholding or striking down laws.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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