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sachin (Student)     07 June 2013

Legality of a law

If a law/ordinance made by the parliament/president is ultra vires at the time of making of that particlur law/ordinance. But, subsequently the power of making that law is given through an amendment then would that law stand valid?


Thank you.



 6 Replies

Rahul Kapoor (Legal Enthusiast)     07 June 2013

it depends on the language and intention of legislature as to whether that particular law will also apply restropectively or not.

sachin (Student)     08 June 2013

Is there any case law on this point?
Has anything like this happened before?

Rahul Kapoor (Legal Enthusiast)     08 June 2013

i cannot point out a particular case law.

constitutional bench of SC pointed out in many case laws.

Rahul Kapoor (Legal Enthusiast)     08 June 2013

you should read V K Shukla for the subject of constitutional law

1 Like

sachin (Student)     08 June 2013

Under which topic/Article of the Constitution would fall this type of situation?


Thank you.

kriti agrawal (self)     12 June 2013

hi,

i m sending you a site https://www.niticentral.com/2013/04/24/there-are-limits-to-constitutional-amendments-70153.html which may  help you in this regard.

kriti


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