Supreme Court lays down Principles for exercise of legislative power of abrogating a

law declared invalid by Court.

“If the legislature merely seeks to validate the Acts, struck down or rendered inoperative by
a Court, by a subsequent legislation without curing the defects in such legislation, the
subsequent legislation would be ultra-vires“.

Supreme Court: While a batch of civil appeals assailing the Himachal Pradesh High
Court’s orders, whereby the Himachal Pradesh Passengers and Goods Taxation Act, 1955
(‘Act, 1955’) as amended from time to time by the Himachal Pradesh Passengers and
Goods (Amendment and Validation) Act, 1997 (‘Amendment Act, 1997’) were upheld, the
Division Bench of B.V. Nagarathna* and Ujjal Bhuyan, JJ. Discussed the law around
legislative power to abrogation and laid down certain inexhaustive principles to be followed
in exercise of legislative devise of abrogation.

Analysis

The Court discussed the law around the adoption of the legislative device of abrogation, to
remove the basis of a judgment of a Court in a legislation. The Court referred to Tirath Ram
Rajendra Nath v. State of U.P., (1973) 3 SCC 585, wherein it was held that there is a
distinction between encroachment on the judicial power and nullification of the effect of a
judicial decision by changing the law retrospectively, the former is outside the competence
of the legislature, but the latter is within its permissible limits. The Court also cited Indian
Aluminium Co. v. State of Kerala, (1996) 7 SCC 637 and other catena of judgments wherein,
the principles regarding the abrogation of a judgment of a Court of law by a subsequent
legislation were culled out. It was noted that in Cheviti Venkanna Yadav v. State of
Telangana, (2017) 1 SCC 283, it was held that held that the legislature has the power to
legislate including the power to retrospectively amend laws, thereby removing causes of
ineffectiveness or invalidity of laws. Further, when such correction is made, the purpose
behind the same is not to overrule the decision of the court or encroach upon the judicial
turf, but simply enact a fresh law with retrospective effect to alter the foundation and
meaning of the legislation and to remove the base on which the judgment is founded….

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