Legal Question in Construction Law in India

Powers of State Legislature
In the year 1952, the Govt. of UP had passed a Transfer Act No. 15/1952, which was declared unconstitutional and void from its inception, not being protected by doctrine of eclipse in the case of Mahendra Lal Jaini v State of UP AIR 1963 SC 1019. In the year 1972, the State of UP again re-enacted the same Transfer Act 15/1952 as an Act No. 12/1972, which is under challenge. Now the question is whether the State Govt. can re-enact such a void law with certain amendments therein, while after the judgment of Supreme Court, the Act No. 15/1952 had lost its existence for all purposes, therefore, according to Section 6 of General Clauses Act, the same should not be permitted to be re-enacted.

Asked on 5/24/08, 12:38 am

Homi Maratha N.N. Maratha & Co.-Advocates

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Re: Powers of State Legislature

If the state enacts the act can be challenged.

Answered on 6/08/08, 2:20 pm

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