Explained: The ‘presumption of constitutionality’

News:Recently, the Supreme Court has declined hearing a plea to declare Citizenship Amendment Act as constitutional and said that there was already a presumption of constitutionality to a law passed by Parliament.


About Presumption of constitutionality:

  • The term ‘presumption of constitutionality’ is a legal principle that is used by courts during statutory interpretation.
  • Statutory interpretation means the process by which courts interpret and apply a law passed by the legislature such as Parliament.
  • Presumption of constitutionality says 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.It does not stand when there is a gross violation of the Constitution.Hence,there are limitations to the doctrine.