Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
In cases where legislation is found to be beyond the competence of the legislature or excessively delegated, courts declare it unconstitutional ["
LAI HEN BENG vs PP - Federal Court
"], ["NIK ELIN ZURINA NIK ABDUL RASHID & ANOR vs KERAJAAN NEGERI KELANTAN - Federal Court
"], ["NIK ELIN ZURINA NIK ABDUL RASHID & ANOR vs KERAJAAN NEGERI KELANTAN - Federal Court Putrajaya
"].How Excessive Legislation Can Be Unconstitutional:
Courts presume laws to be constitutional and only strike them down if the illegality or arbitrariness is manifest and clear ["2023 0 Supreme(Chh) 251"], ["2024 7 Supreme 465"].
Case Laws:
LAI HEN BENG vs PP - Federal Court
"], ["NIK ELIN ZURINA NIK ABDUL RASHID & ANOR vs KERAJAAN NEGERI KELANTAN - Federal Court
"], ["NIK ELIN ZURINA NIK ABDUL RASHID & ANOR vs KERAJAAN NEGERI KELANTAN - Federal Court Putrajaya
"].Analysis and Conclusion:Excessive legislation occurs when laws overreach their constitutional limits, especially through disproportionate measures or uncanalised delegation of powers. Such laws can be declared unconstitutional under Article 14 if they are manifestly arbitrary or violate the principles of reasonableness and rationality. Courts maintain a presumption of constitutionality, intervening only when illegality or arbitrariness is clear and manifest. Key case laws reinforce that delegation must be within the bounds of the enabling statute and that laws which confer unchecked powers or are disproportionate are invalid ["2023 0 Supreme(Chh) 251"], ["2024 7 Supreme 465"], ["2017 Supreme(Online)(Chh) 435"].
In the realm of constitutional law, the balance between legislative power and fundamental rights is delicate. Ever wondered what is and how can it be unconstitutional? This question strikes at the heart of India's democratic framework, where laws must not only be validly enacted but also fair, rational, and aligned with the Constitution. often rears its head through broad delegations of power or arbitrary provisions, potentially violating core principles like equality under .
This blog post dives deep into the concept, drawing from landmark judgments. While this provides general insights, it's not legal advice—consult a qualified lawyer for specific cases. Let's unpack this step by step.
refers to laws or delegated acts that are overly broad, unguided, or lacking sufficient standards, encroaching on other state organs or fundamental rights. Typically, it involves uncanalised or unfettered delegation of legislative powers to the executive without adequate checks 2017 7 Supreme 673.
For instance, if a statute hands the executive carte blanche to issue orders without guiding principles, it risks being labeled excessive. Courts scrutinize such laws for , a doctrine that has evolved to curb legislative overreach 2024 0 Supreme(Chh) 321.
Key characteristics include:- Broad, unguided powers without legislative standards 2017 7 Supreme 673.- Potential for capricious or irrational application 2024 0 Supreme(Chh) 321.- Encroachment on judicial or executive domains improperly.
A law isn't unconstitutional merely for being expansive—it's the , irrationality, or disproportion that seals its fate, often under (equality before law) 2017 7 Supreme 673 2024 0 Supreme(Chh) 321. Legislation must stay within the enacting body's competence and avoid violating Parts III rights.
Courts apply cautiously, presuming constitutionality unless clear violations emerge. However, if a law is capriciously, irrationally and/or without adequate determining principle, it falls foul 2024 0 Supreme(Chh) 321. As noted, When something is done which is excessive and disproportionate, such legislation would be manifestly arbitrary 2021 0 Supreme(Guj) 813.
. For example, state legislatures lack authority in criminal law under federal jurisdiction, rendering provisions unconstitutional
.
Judicial restraint is key: Courts avoid substituting policy judgments but strike down the blatantly arbitrary 2017 7 Supreme 673.
Indian jurisprudence brims with precedents. Here's a curated list:
2017 7 Supreme 673: Emphasized clear transgression for invalidation, highlighting dangers of unguided delegation and arbitrariness. Legislation is presumed valid unless is evidently breached.
2024 0 Supreme(Chh) 321: Triple Talaq struck down as manifestly arbitrary—capricious and without principle. must be something done by the Legislature capriciously, irrationally and/or without adequate determining principle 2020 0 Supreme(Guj) 944. This case broadened to invalidate excessive practices.
2024 0 Supreme(Chh) 321: Laws excessively arbitrary violate , liable for invalidation.
2022 0 Supreme(Ori) 466: Reiterated unconstitutionality for clear violations or arbitrariness.
Additional insights from related rulings:- In challenges to cooperative society amendments, courts examined if provisions were arbitrary and unconscionable, declaring them if manifestly so 2021 0 Supreme(Guj) 813.- context: Provisions unconstitutional for lacking legislative competence in federal matters
.- 's held ab initio, applying retrospectively without bar 2023 6 Supreme 462.
These cases illustrate courts' role in curbing excess while deferring to legislatures.
acts as a bulwark: Laws enjoy a strong , struck down only on evident arbitrariness 2017 7 Supreme 673 2024 0 Supreme(Chh) 321. Courts don't probe motives but assess form, substance, and impact.
Safeguards include:- Specific Delegation: Powers must have standards 2017 7 Supreme 673.- : Excessive disproportion signals arbitrariness 2024 0 Supreme(Chh) 321.- Burden on Challenger: Must prove violation 2017 7 Supreme 673.
Exceptions: Valid laws within competence aren't invalid just because alternatives exist 2017 7 Supreme 673. In pandemic contexts, even seemingly harsh measures weren't arbitrary if rationally linked 2020 0 Supreme(Guj) 944.
For lawmakers: Draft with clear standards to avoid challenges. For citizens: Challenge via writs if rights are threatened, but expect judicial deference.
From other precedents, like disqualifications, retrospectivity mustn't be arbitrary 2019 0 Supreme(Kar) 1258. Applying the aforesaid test, the Hon'ble in Shayara Bano... held that Triple Talaq... was manifestly arbitrary 2019 0 Supreme(Kar) 1258.
In summary, while legislatures hold wide latitude, the Constitution demands rationality. Excessive laws undermine the rule of law, but judicial oversight preserves balance. Stay informed, and for personalized guidance, seek professional legal counsel.
This post is for informational purposes only and reflects general principles as of available precedents.
#ExcessiveLegislation #ManifestArbitrariness #Article14
If it undertakes any of them it must find money. ... delegation and is unconstitutional, which their Lordships by majority held that Section 150(1) of the Act of 1957 does not suffer from the vice of excessive delegation and is a valid piece of legislation holding that a delegation of taxing power for local purposes to local bodies subject to control ... This being the case, there is no rational distinction between the two types of legislation when it comes to this ground of challenge ....
As such, the petitioner has failed to make out a case that the impugned rule is manifestly arbitrary and therefore, is liable to be declared as unconstitutional. 32. ... In view of the findings recorded hereinabove, we are of the considered opinion that the petitioner has failed to establish a case for declaring R.5 and R.6(1) of the Rules, 2011 as unconstitutional and void. ... All his decisions, whether characterized as legislative or administrative or quasi - judicial, must be in harmony with the Constitution and othe....
on judicial legislation. ... Judicial Legislation [99] We find it necessary to conclude this judgment by commenting on the submission of the appellant that ties in with our earlier concerns ... legislation as opposed to judicial amendment under s 498 is unconstitutional.
... List II in the Seventh Schedule of the Constitution by item No. 9 empowers the State Legislature to make laws for "relief of the disabled and unemployable." This clearly indicates that the subject of legislation for this purpose is squarely within the scope of State Legislation. ... 5. ... Gannon Dunkerley and Co (Madras) Ltd. 1959 SCR 379 :(AIR 1958 SC 560) and quoted the following passage: - ... "Now, the authorities are clear that it is not unconstitutional for the legislature to leave it to the executive to de....
Bhagwati, J., cited all the relevant passages from text books on Constitutional Law and accepted the view that an unconstitutional law is like a legislation which had never been passed. ... Learned senior counsel emphasized that the validity of the legislation is to be tested on the date of its enactment to find out whether the Legislature is competent to enact such law and whether the same violates the provisions contained in Part III or any other provisions of the Constitution and non ... and which was indicated by thi....
It further goes on to hold that when something is done which is excessive and disproportionate, such a legislation would be manifestly arbitrary. ... As has been said by the Supreme Court of America, “equal protection of laws is a pledge of the protection of equal laws [Yick Wo vs. ... Also, when something is done which is excessive and disproportionate, such legislation would be manifestly arbitrary. We are, therefore, of the view that arbitrariness in the sense of manifest arbitrari....
However, in the case of the Post-Constitutional laws, the same would be still born, and as such doctrine of eclipse would not be applicable to the post-Constitutional laws. ... (Emphasis supplied) (iii) With respect to the second aspect also, the Constitution Bench did not find favour with the appellant and held that the State of Vindhya Pradesh had the power to frame laws being applied retrospectively and also for the reason ... in the other case the laws being stil....
We accordingly find that ss 40 and 41 are unconstitutional because the respondent had no power to make them. ... We therefore find that the respondent had no power to make s 11 and it is therefore unconstitutional on that ground. ... [152] Accordingly, we find that the respondent had no power to make ss 14, 16, and 17 and they are accordingly unconstitutional. ... [142] While Parliament can make general laws to protect the welfare of children, we find#HL_E....
We accordingly find that ss 40 and 41 are unconstitutional because the respondent had no power to make them. ... We therefore find that the respondent had no power to make s 11 and it is therefore unconstitutional on that ground. ... [152] Accordingly, we find that the respondent had no power to make ss 14, 16, and 17 and they are accordingly unconstitutional. ... [142] While Parliament can make general laws to protect the welfare of children, we find#HL_E....
We accordingly find that ss 40 and 41 are unconstitutional because the respondent had no power to make them. ... We therefore find that the respondent had no power to make s 11 and it is therefore unconstitutional on that ground. ... [152] Accordingly, we find that the respondent had no power to make ss 14, 16, and 17 and they are accordingly unconstitutional. ... [142] While Parliament can make general laws to protect the welfare of children, we find#HL_E....
Also, when something is done which is excessive and disproportionate, such legislation would be manifestly arbitrary. Manifest arbitrariness, therefore, must be something done by the legislature capriciously, irrationally and/or without adequate determining principle. We are, therefore, of the view that arbitrariness in the sense of manifest arbitrariness as pointed out by us above would apply to negate legislation as well under Article 14. This judgment has since been followed in Gopal Jha vs.
41. As held by the Supreme Court in Shayara Bano v. Union of India and others, reported in (2017) 9 SCC 1, manifest arbitrariness must be something done by the Legislature capriciously, irrationally and/or without adequate determining principle. When something is done, which is excessive and disproportionate, such legislation would be manifestly arbitrary. In our opinion, by any stretch of imagination the impugned Government Resolution calling upon the writ-applicants being final year M.B.B.S. students to render their services in this hour of crisis cannot be termed as arbi....
When something is done, which is excessive and disproportionate, such legislation would be manifestly arbitrary. Thus, as held by the Supreme Court, manifest arbitrariness must be something done by the Legislature capriciously, irrationally and/or without adequate determining principle.
When something is done which is excessive and disproportionate, such legislation would be manifestly arbitrary. Thus, as held by the Supreme Court, manifest arbitrariness must be something done by the legislature capriciously, irrationally and/or without adequate determining principle.
Applying the aforesaid test, the Hon'ble Supreme Court in Shayara Bano, by a majority held that Triple Talaq being an incident and irrevocable form of divorce, was manifestly arbitrary as the marital tie could not be broken capriciously and whimsically by a Muslim man, without any attempt at reconciliation so as to save it. 84. Manifest arbitrariness, according to the Hon'ble Supreme Court, must be something done by the legislature capriciously, irrationally and/or without adequate determining principle. Hence, Triple Talaq was said to be violative of the fundamental right contained under Ar....
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