amending a provision to act retrospectively

Querist : Anonymous (Querist) 06 January 2010 This query is : Resolved
The law provides for establishment of the Recruitment Secretariet which shall be composed among others five members who shall be amongst public servants appointed by the Minister. In violation of this provision, retired public servants are norminated instead. Can the law be amended to legalize this violation?

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Devajyoti Barman (Expert) 06 January 2010
The law can indeed be enacted having retrospective effect. In your particular case if that is not done in the meantime then their appointment can very well be challenged before the High Court in its Writ Jurisdiction.

Querist : Anonymous (Querist) 06 January 2010
I thank you very much Mr. Devajyoti. I will advise the management to effect amendments before the Secretariate commence its functions.

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