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‘Malice’ Is Not A Ground To Challenge A Law Made By Legislature : Supreme Court

The Supreme Court has observed that ‘malice’ is not a ground to challenge a law made by legislature. The bench comprising Justices RF Nariman, Navin Sinha and KM Joseph observed in its judgment upholding the constitutional validity of Sections 3, 4 and 10 of the Insolvency and Bankruptcy Code (Amendment) Act 2020. The court was addressing the contention of the petitioners that the amendment (law) ‘was created by way of pandering to the real estate lobby and succumbing to their pressure or by way of placating their vested interests’. The bench said that such an argument is ‘a thinly disguised attempt at questioning the law of the Legislature based on malice’.

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