Article 228A of CoI : Article 228A: Special provisions as to disposal of questions relating to constitutional validity of State laws: Omitted.
CoI
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Explanation using Example
Example 1:
Scenario: A state government passes a new law that imposes certain restrictions on the freedom of speech within the state. A group of citizens believes that this law violates their constitutional rights and decides to challenge its validity.
Before Omission: Prior to the omission of Article 228A, the High Court of the state would have had special provisions to handle questions regarding the constitutional validity of state laws. The High Court would have been required to form a special bench to decide on the matter.
After Omission: Since Article 228A has been omitted, the High Court no longer has these special provisions. The group of citizens can still challenge the law, but the process will follow the general procedures applicable to constitutional challenges without the need for a special bench.
Example 2:
Scenario: A state enacts a law that changes the reservation policy in educational institutions, which some believe is discriminatory and unconstitutional. A student affected by this law decides to file a petition in the High Court.
Before Omission: If Article 228A were still in effect, the High Court would have had to follow special procedures to address the constitutional validity of the state law, potentially involving a larger bench or a specific process outlined in the Article.
After Omission: With Article 228A omitted, the High Court will handle the petition using the standard judicial process. The student can still seek relief, but the case will be processed like any other constitutional challenge without the special provisions that Article 228A would have required.