Due process has been firmly established by Supreme Court in Constitutional law of India. Is void for vagness also now used by Courts in judicial review of laws? If yes, then can anyone please provide the judgements.
Democratic Indian (n/a) 20 July 2012
Due process has been firmly established by Supreme Court in Constitutional law of India. Is void for vagness also now used by Courts in judicial review of laws? If yes, then can anyone please provide the judgements.
Tajobsindia (Senior Partner ) 21 July 2012
ref.: 1994 SCC (3) 569 - SC
According to a 5 judge bench of the SC,
“It is the basic principle of legal jurisprudence that an enactment is void for vagueness if its prohibitions are not clearly defined. Vague laws offend several important values. It is insisted or emphasised that laws should give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning. Such a law impermissibly delegates basic policy matters to policemen and also judges for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application. More so uncertain and undefined words deployed inevitably lead citizens to "steer far wider of the unlawful zone ... than if the boundaries of the forbidden areas were clearly marked".”
Ref.: 1971 AIR 481 - SC
Ref.: 1995 CriLJ 2608 - AP HC
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
