The question (12 marks)
Explain fully the presumption that a statute is constitutionally valid. Deal with the techniques by which the courts give effect to it, including reading down and severability, and state the limits of the presumption. (12 marks)
MU Module III, presumption of constitutionality; pack ch. 03 with quickref 2 (cases 59-67).
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Presumptions in Statutory Interpretation of Interpretation of Statutes.
Authorities you will need
- Santi Swarup Sarkar v. Pradeep Kumar Sarkar
- Atma Ram v. State of Bihar, Patna High Court
- Chandra Mohan v. State of U.P.
- Jiyajee Rao Cotton Mills Ltd. v. State of M.P.
- All Saints High School, Hyderabad v. Government of Andhra Pradesh
- R.M.D. Chamarbaugwalla v. Union of India
- Oswal Agro Mills Ltd. v. CCE
- Romesh Thappar v. State of Madras
- Chintaman Rao v. State of Madhya Pradesh
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.