Legal Question in Criminal Law in India

Powers of State Legislature under Constitution of India

In the year 1952, the State of UP had passed a UP Land Tenure (Transfer of Regulation) Act 15/1952 regarding termination of permanent lease in the State made on or after 21.5.1952. This Act was struck down by the Supreme Court of India, being unconstitutional, void from its inception, not protected by doctrine of eclipse being post constitution Act. In the year 1972, the State of UP again re-enacted the same Act 15 of 1952 in the shape of UP Land Tenure (Transfer of Regulations) Act No. 12 of 1972 with certain amendments just to nulify the effect of the judgment of the Supreme Court.

Whether the State Govt. can re-enact such non existent law for any purpose effective from 21.5.1952 and the Act passed in 1972?


Asked on 5/24/08, 12:59 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Powers of State Legislature under Constitution of India

State can enact such an act.

However, same can be challenged and again struck down depending on the provisions of the new act.

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Answered on 5/24/08, 3:09 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Powers of State Legislature under Constitution of India

If state enacts such act it can again be challenged.

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Answered on 5/24/08, 8:14 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Powers of State Legislature under Constitution of India

If the state enacts the act can be challenged.

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

Re: Powers of State Legislature under Constitution of India

Yes,govt has power to reenact the Act by making ammendments and by removing the defects.You have right to challenge the validity of the same.

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Answered on 5/24/08, 3:01 pm


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