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Statute enacted by Legislation will not be effective once it is declared Ultra Vires
Supreme Court while giving judgement in The State of Manipur and others Versus Surjakumar Okaram and Others on Tuesday explained the Importance of Doctrine of Prospective Overruling, saving clause in the repealing act and the competence of legislature to include saving clause in the repealing act.
The Court upheld the Repealing Act,2018 enacted by the Manipur Parliament and struct down the saving clause included in the Repealing Act,2018. By Applying Prospective Ruling court held that structing down saving clause will not affect the acts, deeds and decision’s duly undertaken by the Parliamentary Secretaries under the 2012 Act till discontinuation of their appointments.
The Manipur legislation is not competent to enact the saving clause in the Repealing act 2018 because Manipur legislation itself declared the law as unconstitutional and enacting saving clause would be like infusing life into the legislations which is already declared as unconstitutional.
Facts of the Case
To conclude Justice L Nageswara Rao held that the Manipur legislature was competent to enact the Repealing Act 2018 and struck down the saving clause included in the Repealing Act, 2018.
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