Schrödinger's constitutional cat: Limits of the high court's declaration of unconstitutionality

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
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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