Live Law

2025-09-02 10:10:21.0

  • Sibal: Mr learned friend said, I am not saying there is no judicial review but there is not justiciability because there is not judicially manageable standards-what are these standards? there are normally in the domain of the executive. Take Article 14, does it have a definition? no, but its manageable. What is equally? it has to be decided case to case basis because there is underlying constitutional principle. Same with liberty, can arbitrariness be defined?

    In area of legislative responsibility, all standards are manageable because its on touchstone of Constitution. Not being able to manage is a rule of evidence -take for example, conversation with client and attorney, husband and wife etc.

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