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Report No. 49

25. Presumption in favour of validity.-

Finally, we may also refer here to what is commonly known as the presumption in favour of validity of legislation.

26. Where the constitutional validity of an enactment is in issue, the Court will not hold it to be ultra vires unless the invalidity is clear beyond all doubt.

As Dixon J. observed-

"In discharging our duty of passing upon the validity of an enactment, we should make every reasonable intendment in its favour. We should give to the powers conferred upon the Parliament as ample an application as the expressed intention and the recognized implications of the Constitution will allow. We should interpret the enactment, so far as its language permits, so as to bring it within the application of those powers and we should not, unless the intention is clear, read it as exceeding theme1."

1. Attorney-General (Vic.) v. Commonwealth, (1945) 71 CLR 237 (267).

The Proposal for inclusion of Agricultural Income in the Total Income for the purpose of determining the Rat of Tax under the Income-Tax Act, 1961 Back

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