The State of Manipur & Ors vs Surjakumar Okram & Ors

Bench: 3 — L. Nageswara Rao, B.R. Gavai, B.V. Nagarathna

In Brief

The Manipur Legislature repealed its 2012 Act on Parliamentary Secretaries (modelled on an Assam law struck down as unconstitutional) and included a saving clause to validate acts done under it. The High Court struck down both the 2012 Act and the Repealing Act. The Supreme Court held: the Legislature had competence to repeal the 2012 Act (which had not been declared unconstitutional), but lacked competence to save acts under a statute it itself recognized as unconstitutional. However, under Article 142, the Court itself saved all parliamentary secretaries' acts to prevent confusion and maintain continuity in public business.

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Constitutional Law Legislative Competence Seventh Schedule Statutory Repeal Doctrine of Prospective Overruling Article 142 Void ab initio Parliamentary Secretaries Union-State Relations Saved Acts and Transactions

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