Live Law
2025-09-09 09:15:21.0
Datar: my submission is, no governor in the country can be a constitutional filter, taking upon himself the constitutional validity of the law. Moreover, the number of laws struck down is not even 2% of those made. On constitutional principles, I can make a law in my competence-sometimes legislature may genuinely feel its competence but court may feel otherwise.
There is no bar in lying down constitutional timelines. I have two examples- In BLR Project, Court said IB should submit its report in 4 weeks.
Dr Rajendra Prasad, stated that gaps must be filled by developing conventions in due course. In so many cases, as tax laws, when no timelines were given in revision projects, J Sinha put a timelimit. Ultimately, effectiveness of law is the certainity. If Supreme Court lays down a law, there is complete certainty.
J Narasimha: do you know the Ruma pal order, how much litigant it led to?
Datar: In education, it created problems, but it tax law, it did wonders.
J Narasimha: constitutional provisions stands on a different footing
Datar: take basic structure, from Shankari Prasad to Sajjan Singh, we said the court's power is untrammelled
J Narasimha: fear is, we get in a situation where legislative process is completely monitored
Datar: take Article 200, the drafters made it 'as soon as possible'- is it creating problem? what is the power of the court to say the outerlimit would mean 6 months? court's power is not fettered, if it feels it is leading to...