further explanation
yugdeep narwat
(Querist) 24 October 2010
This query is : Resolved
what does d court scrutinize where 'procedure established by law' is implemented???
or is there no scope of judicial scrutiny in case of procedure established by law ???
R.Ramachandran
(Expert) 24 October 2010
Dear Mr. Yugdeep,
First let us assume there is a law.
That law establishes some procedure.
If any one is affected by such a law and procedure, one will challenge the same before appropriate court that it is violative of Constitution. In case court agrees with that contention, the law will be struck down or it will be upheld.
Thus, there is judicial scrutiny of the laws. Ofcourse, there will be no suo moto judicial scrutiny. It is only when any particular law's constitutional validity is challenged then the courts would step in and decide the matter.
