Presumption of Constitutionality

In May 2025, countering the Supreme Court’s observation that a parliamentary statute enjoys a presumption of constitutionality, petitioner termed the new Waqf (Amendment) Act, 2025, a “creeping acquisition” of Waqf properties owned by the Muslim community.

What is Presumption of Constitutionality?

  • Presumption of Constitutionality is a legal principle that assumes a law passed by the legislature is valid and constitutional unless it is clearly proven otherwise.

Key Points

  • Judicial Deference: Courts start with the assumption that the legislature has acted within its constitutional limits.
  • Burden of Proof: The person challenging the law must demonstrate that it violates the Constitution.
  • Respect for Separation ....
Do You Want to Read More?
Subscribe Now
To get access to detailed content

Already a Member? Login here

Take Annual Subscription and get the following Advantage
The annual members of the Civil Services Chronicle can read the monthly content of the magazine as well as the Chronicle magazine archives.
Readers can study all the material since 2018 of the Civil Services Chronicle monthly issue in the form of Chronicle magazine archives.
Be an Annual Subscriber

India Watch