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JUDICIARY – A SUPER LEGISLATURE?

On 12th September 1949 at the Constituent Assembly Shri Alladi Krishnaswamy Iyer [Madras General] spoke as follows;

“It is an accepted principle of Constitutional Law that when a Legislature, be it Parliament at the Centre or a Provincial Legislature, he is invested with a power to pass in regard to a particular matter under the provisions of the Constitution, it is not for the Court to sit in the Judgment over the Act of the Legislature, the Court is not to regard itself as a Super Legislature and sit in Judgment over the Act the Legislature as a Court of Appeal or Review. The Legislature may act wisely or unwisely. The principles formulated by the legislate may commend themselves to a Court or they may not. The province of the Court is normally to administer law as enacted by the Legislatures within the limits of its power. The courts of course if the legislation is a colorable device, a contrivance to outstep the limits of the legislative power or, to use the language of private law, is a fraudulent exercise of the power, the Court may pronounce the legislation to be invalid or ultravires. The Court will have to proceed on the footing that the legislation is intravires. A Constitutional Statue can now be considered as if it were a municipal enactment and the Legislature is entitled to enact any legislation in the plenitude of the power confided to it”

Comment: It is the proud fact that the Speaker was the member of the Madras Bar Council.

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