Rashmin Khandekar^*

(2009) Oxford U Comparative L Forum 4 at ouclf.law.ox.ac.uk | How to cite this article this article
‘It must be remembered that law is not a mausoleum. It is not an antique to be taken down, dusted, admired and put back on the shelf. It is like an old but vigorous tree, having roots in history, yet continuously taking new grafts and putting out new sprouts and occasionally dropping dead wood. It is essentially a social process, the end product of which is justice and hence it must change with changing social values. Otherwise there will be estrangement between law and justice and law will cease to have legitimacy.’¹

Justice P.N. Bhagwati, former Chief Justice of India

Table of contents

• Introduction
• I. The Indian Context
• II. The requisite Constitutional Sanction in India
• III. A Plausible Constitutional Challenge
• IV. The Legitimacy Presumption Under US Law
• V. The Legitimacy Presumption Under English Law and in Other Common Law Countries
• VI. Conclusion
• Endnotes

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