Dwivedi : my last submission is about stare decisis...before this just a reference to one of the queries on legal positivism approach, the submission is that legal positivism doesn't involve any retrospectivity it is only concerned with infusing whether any moral principles can be utilised to interpret statutes...various authors, the gods of legal positivism are not at one, they are varied and in conflict. so its very difficult to choose however my lords the best approach could be of Hart or Austin that is also limited to infusing morale principles. Our court has rejected the infusion of moral principles. However mylord today we are talking about constitutional morality etc so at the highest my lord even if we have to infuse and inject the principles of constitutional morality is would be to interpret the act. But we are faced with an entirely different question therefore that approach with respect to utmost difference will not be appropriate.