P.D.DINAKARAN, P.P.S.JANARTHANA RAJA
S. Bagavathy – Appellant
Versus
State of Tamil Nadu, Rep. By its Secretary, Law Department, Fort St. George, Chennai 9. & Another – Respondent
P.D. Dinakaran, J.
I. CORNERSTONE
The Constitution is the documentation of the founding faiths of a Nation and the fundamental directions of the fulfillment. An organic, but not pedantic approach in interpreting the constitutional validity of any enactment should be the guiding principle in the judicial process. Finding of solution for the gruesome evils in economic and social life of the citizens, through the healing art of promoting Rule of Law, blending the whole statute harmoniously, without being tempted by the game of hair-splitting, to achieve the common object of the legislation should be the basic rule of construction while testing the constitutional validity of a legislation, particularly when it deals with economic and social relief’s, because the distance between societal realities and constitutional challenge often creates a dilemma while considering the legislative competency relating to a socio-economic legislation. The Court, therefore, should be more cautious as well as conscious as to its jurisdiction while irrationalising the legislative competency of the Legislature or rationalising Courts power to annul the legislation.
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