Principle

CONSTITUTIONAL LAW — Fundamental Rights — Reference Under Section 295(2) Mandatory Upon Request by Any Party

Area of law: CONSTITUTIONAL LAW
Court: Supreme Court

Section 295(2) reference is mandatory, not discretionary. The principle applies to constitutional law. The court must refer constitutional questions when requested. The rule ensures that constitutional issues are properly determined. The court cannot refuse the request. The principle is well-established.

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in