AIR 2014 SUPREME COURT 2140 ::2014 AIR SCW 2930 ::AIR 2014 SC (Criminal) 1411 ::2014 (2) ABR (Cri) 590 ::2014 (4) ADR 237 ::2014 (8) SCC 682 ::2014 (2) RecCriR 822 ::(2014) 6 Scale 146 ::(2014) 2 ALD(CRL) 1017 ::2014 (2) AllCriLR 385 ::2015 CalCriLR 1 507 ::(2014) 5 Gau LT 1 ::(2014) 1 NIJ 664 ::(2014) 4 Mad LJ 603 ::2014 (2) Ker LT 65 SN ::(2014) 2 Ker LT 65 ::(2014) 58 OCR 513 ::(2014) 2 JLJR 530 ::(2014) 4 KCCR 469 ::(2014) 2 Pat LJR 516 ::(2014) 4 ServLR 739

Supreme Court Of India

Hon'ble Judge(s): R. M. Lodha, A. K. Patnaik, S. J. Mukhopadhaya, Dipak Misra, F. M. Ibrahim Kalifulla , JJJ

(A) Constitution of India , Art.245, Art.14— Law - Constitutional validity - Court's approach - Constitutionality of law is to be presumed - And clear transgression of constitutional principles must be shown - For challenge on ground of Art. 14 - Classification made must be shown to be impermissible - Or conferment of uncanalised powers on executive must be shown. Where there is challenge to the constitutional validity of a law enacted by the legislature, the Court must keep in view that there is always presumption of constitutionality of an enactment, and a clear transgression of constitutional principles must be shown. The fundamental nature and importance of the legislative process needs to be recognised by the Court and due regard and defence must be accorded to the legislative process. Where the legislation is sought to be challenged as being unconstitutional and violative of Art. 14 of the Constitution, the Court must remind itself to the principles relating to the applicability of Art. 14 in relation to invalidation of legislation. The two dimensions of Art. 14 in its application to legislation and rendering legislation invalid are now well recognised and these are (i) discrimination, based on an impermissible or invalid classification, and (ii) excessive delegation of powers; conferment of uncanalised and unguided powers on the executive, whether in ....