The effect of the declaration by the Court that a statute is void under Art. 13 (1) of the Constitution has been discussed in a number of cases. The present article is intended to focus attention on certain broad aspects of the matter which did not fall for determination directly in the cases before the Courts. In America “unconstitutionality” has been attributed to statutes both for want of legislative power and for contravention or infringement of constitutional rights; but it does not appear that a clear line has been drawn between the two. The similar position under our Constitution has been expressed by the Supreme Court in R. M. D. Chamarbaugwalla v. Union of India, (not yet reported). 1957-1 Mad LJ (NRC) 48, in the following words: “The limitation on their (Indian Legislatures’) powers may be of two kinds : It may be with reference to the subject-matter on which they could legislate, as, for example, the topics enumerated in the Lists i ....