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No question of repealing a law struck down by court; rights cannot be built up under it: Supreme Court

[02 February 2022] The Supreme Court on Tuesday observed that legislature cannot infuse life into a legislation, which it itself recognised as unconstitutional, by enacting a saving clause.
The bench of Justices LN Rao, BR Gavai and BV Nagarathna was considering special leave petitions challenging the Manipur High Court’s order of striking down the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012 (“Act, 2012) and the Manipur Parliamentary Secretary (Appointment, Salary And Allowances and Miscellaneous Provisions) Repealing Act, 2018 (“Repealing Act, 2018”) as unconstitutional.

The Court noted that the Manipur assembly passed the Repeal Act taking note of the fact that the similar law passed by Assam was declared unconstitutional. Therefore, the legislature itself recognized the unconstitutionality of the 2012 Act. In this background, the legislature could not have introduced a saving clause to protect the actions taken under the 2012 Act, which it itself recognized as unconstitutional.

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