Test of Direct and inevitable effect| Constitutional Law
We all know that the Hon’ble Supreme Court of India is the guardian of our Constitution and protector of our Fundamental Rights. Under Art.32 of the Indian Constitution, we can approach the Supreme Court of India to uphold our fundamental rights and if there is any infringement of such rights, we can enforce it through orders, directives or writs. The test of Direct and Inevitable effect and Evolution of this doctrine: In the landmark case of A.K Gopalan V Union of India, the detention of the applicant was challenged under the grounds that it infringes Art.19(1) of the Constitution. The court observed the right approach is to look into the directness of the legislation and not what will be the consequences of the detention. The same was observed in Ram Singh and others V State of Delhi. It was in the case of Express Newspaper Pvt Ltd V Union of India, N. H. Bhagawati. J, formulated the doctrine of “direct and inevitable effect” which is also known as “intended or real ...