NDLI: The State of Manipur & Ors. Vs. Surjakumar Okram & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	repeal of a statute
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Repeal: There is no question of repeal of a statute which has been declared unconstitutional by the Court – In Bimolangshu Roy, Assam Act, 2004 was struck down as unconstitutional – The 2012 Act was not the subject matter of consideration in Bimolangshu Roy – Thus, it is well within the competence of the Manipur Legislature to repeal the 2012 Act, which has not been adjudged as unconstitutional by any Court till the Repealing Act, 2018 was enacted – Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012 – Assam Parliamentary Secretary (Appointment, Salary, Allowances and Miscellaneous Provisions) Act, 2004. Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Repealing Act, 2018: Competence of Manipur Legislature to introduce a saving clause in the Repealing Act, 2018 – Held: By means of the saving clause in the Repealing Act, 2018, the Manipur Legislature could not have infused life into a legislation, which was recognised by the legislature itself as unconstitutional and thereby a nullity, prompting its repeal – Thus, the Manipur Legislative cannot be said to have the competence to enact the saving clause in the Repealing Act, 2018. Repeal: Power of legislative body to repeal a law – Held: The power of a legislative body to repeal a law is co-extensive with its power to enact a law – The effect of repealing of a statute is to obliterate it completely from the records of Parliament – While repealing a statute, the Legislature is competent to introduce a clause, saving any right, privilege, liability, penalty, act or deed duly done and any investigation, legal proceeding or remedy arising therefrom, under the repealed statute.Repeal: Distinction between declaration of a statute as unconstitutional by a Court of law and the repeal of a statute – Held: There is a distinction between declaration of a statute as unconstitutional by a Court of law and the repeal of a statute by the Legislature – On declaration of a statute as unconstitutional, it becomes void ab initio – Saving past transactions are within the exclusive domain of the Court – On the other hand, though the consequence of repeal is also obliteration of the statute with retrospective effect on past transactions, the Legislature is empowered to introduce a saving clause in the repealing act – Even in cases where a saving clause is not made, the provisions of the General Clauses Act are applicable to central statutes and the principles of the General Clauses Act can be made applicable to statutes made by the State Legislatures as well. Legislation: An unconstitutional law, be it either due to lack of legislative competence or in violation of fundamental rights guaranteed under Part III of the Constitution of India, is voidab initio – A statute which is made by a competent legislature is valid till it is declared unconstitutional by a court of law – After declaration of a statute as unconstitutional by a court of law, it is non est for all purposes – In declaration of the law, the doctrine of prospective overruling can be applied by this Court to save past transactions under earlier decisions superseded or statutes held unconstitutional – Relief can be moulded by this Court in exercise of its power under Art.142 of the Constitution, notwithstanding the declaration of a statute as unconstitutional – There is no question of repeal of a statute which has been declared as unconstitutional by a Court – Constitution of India – Art.142.
Judge	Hon'ble Mr. Justice L. Nageswara Rao
Neutral Citation	2022 INSC 134
Petitioner	The State Of Manipur & Ors.
Respondent	Surjakumar Okram & Ors.
SCR	[2022] 1 S.C.R. 1057
Judgement Date	2022-02-01
Case Number	823-827

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The State of Manipur & Ors. Vs. Surjakumar Okram & Ors.

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