SC Holds That a Provision Cannot Be Read Down Merely Because It Imposes Harsh Consequences

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Apr 29, 2024

SC Holds That a Provision Cannot Be Read Down Merely Because It Imposes Harsh Consequences

The SC in Authorised Officer, Central Bank of India v. Shanmugavelu,^[1] held that a provision should not be read down merely because it imposes ‘harsh consequences’, if such provision is unambiguous and valid. The SC observed that Courts should always attempt to uphold the validity of a provision, and a provision should be read down only when its plain meaning renders it invalid or unworkable.

[1] Authorised Officer, Central Bank of India v. Shanmugavelu, 2024 SCC OnLine SC 92.

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