Res sub judice

S.N.Derashri (Querist) 29 January 2015 This query is : Resolved
when Constitutional validity of a statute is under challange before the High Court, can a dispute regarding the provisions of such statute can be looked into and made applicable by trial court.

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Guest (Expert) 29 January 2015
Mr. Derashri,

A challenge is always a question, which needs an answer and that remains question only until that is supported by some valid answer. So, that does not make any sense.

However, as an advocate, I hope you very well know that until the provision of any statute is modified or deleted that remains valid even if challenged before the Apex Court.

So, there should be no doubt that the statute can be made applicable by the trial court on all the existing cases, even if nullified on some later date, as no amendment in statute can be expected to be made effective retrospectively.

Devajyoti Barman (Expert) 29 January 2015
pure academic query...

P. Venu (Expert) 30 January 2015
There is a basic presumption as to the validity of a statute. Hence a pending dispute does not impair its force of law.