Validity of pre-constitutional laws

Madhu Limaye Vs Sub-Divisional Magistrate 1971 AIR 2486

 “ …Pre-Constitution laws are not to be regarded as unconstitutional. We do not start with the presumption that, being a pre-constitution law, the burden is upon the State to establish its validity. All existing laws are continued till this court declares them to be in conflict with a fundamental right and, therefore, void. The burden must be placed on those who contend that a particular law has become void after the coming into force the Constitution by reason of Article 13(1), read with any of the guaranteed freedoms…….a quotation extracted by Krishna Iyer, J. in B. Banerjee v. Anita Pan – It may a repetition to say that according to the learned Chief Justice, “there is always a presumption in favour of the constitutionality of an enactment and the burden is upon him who attacks it to show that there has been a clear transgression of the constitutional principles” and that, “it must be presumed that the Legislature understands and correctly appreciates the need of its own people, that its laws are directed to problems made[…]”

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