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What is the constitutional status of a pre-independence legislation that is violative of fundamental rights under Part III of the Constitution of Indi
Question

What is the constitutional status of a pre-independence legislation that is violative of fundamental rights under Part III of the Constitution of India?

A.

The legislation is void ab initio.

B.

The entire legislation is unconstitutional from the date of the commencement of the Constitution.

C.

The legislation is void only from the date of the judgment declaring its unconstitutionality.

D.

The law, as far as it is inconsistent with fundamental rights, is void to the extent of that inconsistency from the date of the commencement of the Constitution.

Correct option is D


As per Article 13(1) of the Indian Constitution, any law in force before the commencement of the Constitution, which is inconsistent with the fundamental rights, becomes void to the extent of the inconsistency. This does not nullify the entire legislation but only the part inconsistent with fundamental rights.

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