Declaration Of Unconstitutionality
Legal definition for Indian law research
Definition
Declaration of unconstitutionality, it represents an aspect of want of Legislative power. A mere reference to the provisions of Article 13(2) and Articles 245 and 246 is sufficient to indicate that there is no competency to make a law which comes into clash with Part III of the Constitution after the coming into force of the Constitution, Behram Khurshid v. Bombay State, AIR 1955 SC 123 (145). [Constitution of India, Art. 13(1), 245 & 246]
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