AIR 2007 SUPREME COURT 2599 ::2007 AIR SCW 4638 ::2007 (5) AIR Bom R 209 ::2007 (10) SCC 306 ::(2007) 7 Scale 278 ::(2007) 6 AllMR 447 (SC) ::(2007) 3 SCT 681

Supreme Court Of India

Hon'ble Judge(s): Satya Brata Sinha, Markandeya Katju , JJ

(A) Constitution of India , Art.246, Art.226— Law - Constitutional validity - Social conditions on date of enforcement of law - Determinative factor - Law valid at its inception may become ultra vires subsequently - Judicial review over legislation - Extent. The validity of a statute would ordinarily be tested keeping in view the social conditions as were existing on the date of coming @page-SC2600 into force thereof. It is one thing to say that a law causes hardship to a section of the people but it is another thing to say that the same would be unconstitutional. It may be that with the passage of time, a statute which was intra vires on the date of coming into force of the Act may be considered to be ultra vires. However, for that there should be sufficient materials which are either brought on record or of which the Court can take judicial notice. The difficulty would arise where the materials brought on record may provide for divergent views. In such a situation, the Court will not ordinarily exercise its power of judicial review over legislation. The facts on the basis whereof the Legislature of a State or the Parliament had chosen to rely upon should be the guiding factor.(Para 35) (B) Veterinary Council Act (52 of 1984) , S.30, S.15, S.23— Mahara....