Swaminathan, Shivprasad (2013) Schrödinger's constitutional cat: Limits of the high court's declaration of unconstitutionality. Schrödinger's Constitutional Cat: Limits of the High Court's Declaration of Unconstitutionality, 25 (1). pp. 100-118. ISSN 09744894
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Abstract
Following the confusion created regarding the territorial reach of the Delhi HC decision in Naz Foundation, Mr. Swaminathan argues that a thorough analysis of Article 226 of the Indian Constitution leads to one conclusion: a declaration of unconstitutionality of a Central statute by a state High Court renders the statue invalid only in that state. Likening it to Schrödinger's cat , the article highlights why the analysis cannot be restricted to Article 13 alone, but requires a larger jurisprudential and ontological justification. While the decision in Kusum Ingots is the current position in India, Mr. Swaminathan argues why this deserves to be reconsidered.
Item Type: | Article |
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Keywords: | India | Judiciary System | Delhi HC| Article 226 |
Subjects: | Social Sciences and humanities > Social Sciences > Social Sciences (General) Social Sciences and humanities > Social Sciences > Law and Legal Studies |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Subhajit Bhattacharjee |
Date Deposited: | 13 Apr 2022 06:53 |
Last Modified: | 13 Apr 2022 06:53 |
Official URL: | https://www.jstor.org/stable/44283623?seq=1 |
URI: | https://pure.jgu.edu.in/id/eprint/2342 |
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