Abstract
Following the confusion created regarding the territorial reach of the Delhi HC dcision in Naz Foundation, Mr. Swam inathan argues that a thorough analysis of Article 226 of the Indian Constitution leads to one conclusion: a declaration of unconstitutionality of a Central statute by a state High Court renders the statue invalid only in that state. Likening it to Schridinger's cat, the article highlights why the analysis cannot be restricted to Article 13 alone, but requires a larger jurisprudential and ontological justification. While the decision in Kusum Ingots is the current position in India, Mr. Swaminathan argues why this deserves to be reconsidered.
Recommended Citation
Swaminathan, Shivprasad
(2013)
"Schrodinger's Constitutional Cat: Limits of the High Court's Declaration of Unconstitutionality,"
National Law School of India Review: Vol. 25:
Iss.
1, Article 5.
Available at:
https://repository.nls.ac.in/nlsir/vol25/iss1/5
