khalilqureshi
Senator (1k+ posts)
There is a popular saying " Blessing in disguise" but I have never heard of "blight in disguise". This came into my mind when I watched yesterdays court proceedings on practice and procedure law.
Main arguments far and against were
1. Law is good
2. Against the Constitution
3. Because it is good, let it go (minority agreed to this point)
4. Because it is against Constitution, it should not be allowed until it is passed through amendment in Constitution 9 majority view)
Now my point is that it is "Blight in disguise" by those who say that because it is good it should be allowed as legal.
I wonder no one argued on the point that if bill is given yes by Supreme court, then in future NA can pass any bill no matter how good or bad it may be if it is against the constitution, it could not be challenged in SCP. Simply SCP will be denied its right to nullify such law as a full court bench has already declared that such bill is lawful, no matter what is the intent of legislative assembly. This will open the flood gate of such law making basis on simple majority by any government and that is where I see "Blight in disguise".
Main arguments far and against were
1. Law is good
2. Against the Constitution
3. Because it is good, let it go (minority agreed to this point)
4. Because it is against Constitution, it should not be allowed until it is passed through amendment in Constitution 9 majority view)
Now my point is that it is "Blight in disguise" by those who say that because it is good it should be allowed as legal.
I wonder no one argued on the point that if bill is given yes by Supreme court, then in future NA can pass any bill no matter how good or bad it may be if it is against the constitution, it could not be challenged in SCP. Simply SCP will be denied its right to nullify such law as a full court bench has already declared that such bill is lawful, no matter what is the intent of legislative assembly. This will open the flood gate of such law making basis on simple majority by any government and that is where I see "Blight in disguise".