Case Law Details
State of Manipur & Ors. Vs Surjakumar Okram & Ors. (Supreme Court of India)
Facts- The main contention in the appeal is that the declaration of the Assam Act, 2004 as unconstitutional does not per se render the 2012 Act invalid. It was argued that Bimolangshu Roy was wrongly decided and should be held to be per incuriam for not considering the relevant entry in List II of the Seventh Schedule of the Constitution while declaring that the Assam Legislature lacked competence to enact the Assam Act, 2004.
It was further argued that, striking down of the Repealing Act, 2018 should not result in invalidation of all the decisions taken by the Parliamentary Secretaries appointed under the 2012 Act.
Additionally, it was also argued that the Repealing Act, 2018 should not be disturbed in view of the express saving provision thereof, the de facto doctrine and the principles underlying Section 6 of the General Clauses Act, 1897.
Conclusion- Referring to various earlier judgments, the bench noted these principles:
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