a bill to be passed by a state govt.

Querist : Anonymous (Querist) 18 March 2011 This query is : Resolved

In a certain state of India, a bill is under procedure of being passed. It will get nod from the state cabinet meeting and will be placed before the vidhansabha.
Can the process be challanged before a Judge of Senior Division asking for an injunction ?

what can be legally done to prevent passing of such a bill ?

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Devajyoti Barman (Expert) 19 March 2011
First of all only the Act can be challenged on the ground of constitutionality or ultra vires , not the Bill which has no force of law.
Now, only the High Court or the Supreme Court can decide the constitutionality of a particular Act, not any other court let alone the lower judiciary.
Read a good book on the Constitution of India.

Arvind Singh Chauhan (Expert) 19 March 2011
I do agree with Barman Sir.

Guest (Expert) 19 March 2011
if a bill is passed whether it is for the amendment of the act or for the enforcement of the act and when it comes into force and it violates the fundamental rights of the citizens and also ultravires the provisions of the Constitution of India then it can be challenged in the High Court of the State or in the Supreme Court of India.

Querist : Anonymous (Querist) 19 March 2011
Thank you dear Barman ji, Arvind ji and Bishnoi ji.

Thank you very much.

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