Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Presumption of Constitutionality
Canons of Statutory Interpretation
Definition
The rule of judicial review establishing that a legislative enactment is presumed to be constitutionally valid, and the burden of establishing that an Act violates constitutional parameters rests upon the party challenging it.
Example
In Ram Krishna Dalmia v. Justice S.R. Tendolkar, the Supreme Court reaffirmed that there is always a strong presumption in favor of the constitutionality of an enactment passed by an elected legislature.