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Can HC strike down a law?

Can HC strike down a law on account of it being against the basic provisions of the constitution, or it an exlusive domain of SC?

Comments

  • Yes. It does.Judicial review is a special power of the Supreme Court and the High Courts both.
  • I feel otherwise. Can anyone give any reference?
  • https://thewire.in/law/bihar-liquor-ban-patna-high-court

    The court struck the Bill down because it was found to be in contravention to Article 14 and Article 21 of the constitution. The former ensures equality before law, which the law violates because it implicates family members or other people for crimes that are not their own. The Bill violates the latter because it deprives people of their lives and personal property.
  • Yes High court can strikedown a central act. Since the law passed by parliament is applicable to all citizens .

    Delhi high court struck down section 377 of ipc.

    But the central govt appealed to supreme court which set aside delhi high court judgment.

    Judicial review is part and parcel of every highcourt in india. Any high court can strike down any law passed by parliament. But final appeal lies with supreme court.
    Sabka maalik domino
  • Remember Delhi High Court in Naz Foundation Case. It partly struck down Section 377 (insofar as it criminalises consensual sex between adults) .. held it violated Art 14, 21 and 15. Article 13 lays down that laws inconsistent with FR to the extent of such inconsistency, be void. HC can carry out judicial review under 226 and 227 and such power is not in derogation of the power conferred on SC under Art 32(2). And such provision of law which has been struck down by the HC become inapplicable until and unless SC stays the operation of such judgement.
  • ok thank you all.
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