TIOL-DDT 1818 · Monday, 19 March 2012 · story 3 of 6

Reasonableness of legislative measures is unknown to our Constitution

IF you think that it is unfair for Parliament to unsettle a Supreme Court Judgement by retrospective legislation, the Supreme Court as early as in 1959 held that that the legislature has power in appropriate cases to pass even retrospective legislation. In the Indira Gandhi election case, the Supreme Court held that Reasonableness of legislative measures is unknown to our Constitution.

The power of the Legislature to pass a law includes a power to pass it retrospectively.

DDT had extensively covered this retrospective legislation in
31 1 2005
and 8 2 2005

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