How to know if an Act is

constitutional or not :-

Before we find out how to know is an Act is Constitutional or not, lets

know some basic Terminology :-

 Act :- A Bill passed by the Parliamentary is called an Act.

 Bill :- A Bill is a proposed legislature under consideration by a
legislature. A bill does not become a law until its passed by the
Parliament.
 Parliament :- In modern politics and history, a Parliament is a
legislative body of government. Generally a modern parliament has
three functions :- representing the electorate, making laws and
overseeing the government via headings and inquiries.

Okay, now coming to our main point. See, the Constitutionality of an

Act depends on the content inside an Act.

 Constitutionality in the reference of content.

 An Act passed by the Parliament of India will be called
Unconstitutional only if it is against:-

o FUNDAMENTAL RIGHTS :-
- If a Act is against the Fundamental Rights of a Citizen, the
Supreme Court of India will automatically declare it as "Null and
Void".
- Fundamental Rights mention in "Article 13" of our Constitution.

o BASIC STRUCTURE OF CONSTITUTION :-

- If a Act is against the Basic Structure of our Constitution, the
Supreme Court of India will automatically declare it as "Null and
Void".
- Supreme Court said :- "The Parliament has Powers to make
Amendments in Constitution, but it can't change the Basic
Structure of it."

o STATE LEGISLATIVE POWER :-

- It says that the Governments (Center as well as State) have
powers to make Laws on allotted sectors/topic respectively.
- "Article 246" of Indian Constitution states which government has
power to make laws on which Sector/Topic of the Country/State.
- There are three lists which allots the respective government their
power to make Laws :-

 Union List :-
- Center Government can make laws related to sectors/topics
mention in this list only.

 State List :-
- State Government can make laws related to Sectors/topic
mention in this list only.

 Concurrent List :-
- Both Center and State Governments have rights to make laws
related to sectors/topic mention in this list.
- But if there is a contradiction between law made by Center
and State then the Law passed by Center will be on Priority.
- This is mention in "Article 254".
  One more way to know if an Act is Constitutional or not, is to
see how an Act was passed in the Parliament. Did the party
who proposed the bill had majority?, Was the bill properly
discussed and the questions regarding the bill were properly
answered?

Nowadays, it is a trend of opposing Acts passed by the current

government (BJP). LOL

References :- -Wikipedia
-Dhrishti IAS (YouTube Channel)