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Supreme Court of India 2022-02-01 disposed

State of Manipur & Ors vs Surjakumar Okram & Ors

Bench: 3 — L. Nageswara Rao

In Brief

The Manipur Legislature enacted the Parliamentary Secretary Act 2012 to create and regulate the office of Parliamentary Secretaries. After the Supreme Court declared a similar Assam Act unconstitutional in Bimolangshu Roy (2018), Manipur repealed the 2012 Act in 2018 with a saving clause protecting prior acts done under it. The High Court struck down both the 2012 Act and the repealing act as unconstitutional. The Supreme Court held: the 2012 Act was valid until repealed; the Legislature had competence to repeal it; but the saving clause was invalid because the Legislature acknowledged the 2012 Act itself as unconstitutional. The Court struck down the saving clause but, under Article 142, saved all acts, deeds, and decisions duly undertaken by Parliamentary Secretaries during their tenure to prevent public confusion and injustice.

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Constitutional Law Legislative Competence Seventh Schedule Repeal of Statutes Unconstitutional Legislation Doctrine of Prospective Overruling Article 142 - Complete Justice De Facto Doctrine Void ab Initio Parliamentary Secretaries

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