The Supreme Court declined urgent hearing on a plea seeking to declare the Citizenship Amendment Act as constitutional and said that there was already a “presumption of constitutionality” to a law passed by Parliament.
- The term ‘presumption of constitutionality’ is a legal principle that is used by courts during statutory interpretation — the process by which courts interpret and apply a law passed by the legislature, such as Parliament.
- It is the legal principle that the judiciary should presume statutes enacted by the legislature to be constitutional, unless the law is clearly unconstitutional or a fundamental right is implicated.
- The presumption is not absolute, however, and does not stand when there is a gross violation of the Constitution. There are limitations to the doctrine.
Source : Indian Express