further explanation - 2

yugdeep narwat (Querist) 26 October 2010 This query is : Resolved
is it not possible that law is upheld but the procedure that is implemented is unconstitutional???
so dat court may demand change in d procedure.
Also does d court strike down d law in case of 'due process of law'??

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R.Ramachandran (Expert) 26 October 2010
Dear Mr. Yugdeep, here the procedure does not relate to the form filling, and other procedures. The procedure of law that is being followed. For instance, if it is said that passport can be impounded, and there is a procedure for impounding it, it is not enough that such a law containing the procedure is passed by the competent legislature, that procedure should be such that it does not infringe upon the fundamental rights of the citizens - in other words before impounding, there should be proper opportunity to the person whose passport is going to be impounded to explain why it should not be impounded - then appeal procedure etc.
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