Post constitutional law

Is a post constitutional law null and void?

As per this doctrine, if the state makes any Post Constitutional Law that contradicts the rights conferred under Part III of the Constitution, it is considered null and void

It is the duty of the state while making any legislation to keep in mind the fundamental rights conferred under Part III of the Constitution

Is pre constitutional law valid?

In order to consider the validity of Pre Constitutional Laws generally judiciary makes use of the Doctrine of Eclipse

The Constitutional makers had an object to protect the interest of the public from the very inceptions of the Indian Constitution

Due to that since 1950, Part III of the Indian Constitution was given much importance

What is a post Constitutional Law?

It is the duty of the judiciary to remove this darkness and to make sure all rights are treated on an equal footing

As per this doctrine, if the state makes any Post Constitutional Law that contradicts the rights conferred under Part III of the Constitution, it is considered null and void


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