Can Lack of Parliamentary Debate Be Valid Ground to Question Law? :Madras High Court

The Madras High Court has questioned whether the new criminal laws can be challenged solely on the ground of inadequate discussion or consultation in Parliament before enactment.

The Bench observed that insufficient deliberation does not, by itself, constitute a valid basis to assail legislative competence unless the enactment violates fundamental rights, exceeds legislative authority, or suffers from manifest arbitrariness.

The Court directed the petitioners to produce judicial precedents supporting their contention, cautioning that the petitions may otherwise be dismissed.

The matter pertains to challenges against the BNS, BNSS, and BSA. The pleas have been adjourned to the last week of November.

[Federation of Bar Associations v Union of India and Others]