cover image: The Calcutta Weekly Notes  September 7  1953

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The Calcutta Weekly Notes September 7 1953

1953

But then the question arses : Can the validity of such an Act be tested with reference to section 299(2) of the Government of India Act 1935 where the Act has been passed more than 18 months before the commencement of the Constitution ? Article 31(5) expressly saves the Act from attack on the ground of inconsistency with Article 31(2) but does not give it greater protection. [...] In the case of Acts made not more than eighteen months before the commencment of the Constitution" the protection is wider; if they have been certified by the President they cannot be called in question on the ground either that they contravene clause (2) of Article 31 or that they contravene the pro.visions of sub-setion (2) of section 299 of the Government of India Act 1935. [...] If that is the proper interpretation of the Act then it was clearly hit by section 299(2) of the Government of India Act 1935 The language of the At so nearly resembles that of the Ordinance in Khusal-.cfas's case that even as a matter of costruction the contrary opiniori might well have been entertained. [...] theeXtension wholly invalid because the power of the State Legislature is limited by the Constitution ? Is the extension valid to the extent of the powers the' State Lgislature had ? With regard to Act V of 1947 the authoritative pronouncement in 57 C.W. [...] If really the mind of the requisitioning authority is unknown and unknowable and the purpose may or may not be a purpose of the Union the principle of Romesh Tha- par's case should be applied and the whole statute declared to have been ivalidly kept alive after the expiry of the criginal period of 3 years.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes September 7 1953
clxiii-clxvi unknown view

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