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Article 13 - Retrospective Effect

Keshava Madhav Menon v. State of Bombay AIR 1951 SC 128

ISSUE:

Whether Section 15(1) and 18(1) read with definitions contained in Section 2(6) and 2(10) of Indian Press (Emergency Powers) Act, 1931 were inconsistent with Article 19(1)(a) read with Article 19(2)?

Even if it is inconsistent with the proceedings commenced under Section 18(1) before commencement of Constitution be proceeded with?

RULE:

Article 13 of the Indian Constitution describes the means for judicial review. It enjoins a duty on the Indian State to respect and implement the fundamental right. And at the same time, it confers a power on the courts to declare a law or an act void if it infringes the fundamental rights.

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