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Showing posts from September 6, 2015

Validity of laws - challenge to

Proceed to article Challenging the validity of laws at the prism of Constitutional philosophy Introduction of law is a basic incident of a democracy. The conception of democracy is a sentiment which desires the well being of all men. Laws were made so that the stronger might not have their way at their choices, but according to law. But first let us see what the law, and its attributes are. Section 3(29) of General Clauses Act, 1897 defines the law as any Act, ordinance, regulation, rule, order, bye-law or other instrument which has the force of law. The first incidence of Law is Rule of law. The expression “Rule of law” often springs out, whilst cultivating the crops of judgments of Apex Court and High Courts. The expression “Rule of Law” may have varied dimensions, and the most apt explanation to this expression appears to be, that, “People have an absolute / unqualified right to be Ruled / governed/ regulated by Laws in force, and not b