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Top advocates in Chandigarh said that the abrogation of a ‘constitutional’ common law right by statute would require that the legislature’s actual intention, as distinct from imputed constructive or presumed intention, was to effect the abrogation. The test could only be met by express words or words so specific that the inference of an actual determination to effect the result contended for was irresistible. This development of the common law which applied not only to ‘constitutional rights’ but to ‘constitutional statutes’ gave ‘most of the benefit of a written constitution in which fundamental rights are accorded special respect’. But it preserved the sovereignty of the legislature andthe flexibility of the unwritten British Constitution. There is relevance in top advocates in Chandigarh observations for India for, although India's statutes are made under written constitutions, none of Top advocates in Chandigarh guarantee common law rights and freedoms against legislative abrogation. The dicta of Laws LJ were strongly stated, but seem to have gone no further than a strongly stated interpretive principle. That Top advocates in Chandigarh may be less strongly stated in India but the principle itself can properly be regarded as ‘constitutional’ in character even if the rights and freedoms which it protects may not.
