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Presumption of Constitutionality

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In Constitutional Law, the Presumption of Constitutionality of a statue or provision occurs when two possible interpretations for a statute occur - one favoring the constitution while the violating, the one that is in favor of the constitution is taken as valid.

  1. It is presumed that Acts made by Legislations are valid and that they do not intent to enact a law that is ultra vires to the constitution. When a situation occurs to question the validity of the law, the burden is on the petitioner to prove contra.
  2. Courts generally do not want to interpret the Acts unless, by way of language, they are proved to be unconstitutional.
  3. While interpretation, the provision which is unconstitutional should be avoided and when proved to be unconstitutional, should become void.
  4. A statute is constitutional till the time that it was established to be unconstitutional.
  5. The interpretation that creates unjust and discriminatory situation should be avoided.
  6. The Presumption of Constitutionality says that a court having a jurisdiction cannot invalidate a statute unless there is a gross constitutional violation in a statute.
  7. When an interpretation is possible that will save an Act from an unconstitutionality attack, the court should accept the affirmative interpretation that will save it to the extent possible.
  8. Presumption fails to operate when it is clearly shown that the statute is unconstitutional.
  9. When a statute is retrospective in operational, it should not be constructed to have greater retrospective operation that its language makes necessary.
  10. The courts should not go into the act of adding words, reading words that are not in the statute, correct or make up to the deficiency as it will lead to casus omissus.