SC strikes down saving clause in Manipur Parliamentary Secretary Repealing Act

The Supreme Court Tuesday held that the Manipur Legislature was not competent to introduce a saving clause in the Manipur Parliamentary Secretary (Appointment, Salary and Allowances, and Miscellaneous Provisions) Repealing Act concerning the appointment of MLAs as Parliamentary Secretaries.

A three-judge bench headed by Justice L Nageswara Rao, however, said this would not affect the acts, deeds, and decisions duly undertaken by the Parliamentary Secretaries under the 2012 Act till the discontinuation of their appointments.

''We are of the considered view that by means of the saving clause in the Repealing Act, 2018, the Manipur Legislature could not have infused life into legislation, which was recognised by the Legislature itself as unconstitutional and thereby, a nullity, prompting its repeal. ''In light of the above, the Manipur Legislature cannot be said to have the competence to enact the saving clause in the Repealing Act, 2018,'' the bench also comprising justices B R Gavai and B V Nagarathna said.

The top court further said that nullification of transactions affecting the public due to the acts done by the Parliamentary Secretaries appointed under the 2012 Act would cause serious damage to third parties and create significant confusion and irregularity in the conduct of public business.

''We hold that the Manipur Legislature was competent to enact the Repealing Act, 2018. The saving clause in the Repealing Act, 2018 is struck down. However, this shall not affect the acts, deeds, and decisions duly undertaken by the Parliamentary Secretaries under the 2012 Act till discontinuation of their appointments, which are hereby saved,'' the bench said.

The apex court said that there is no question of repeal of a statute which has been declared unconstitutional by a Court. ''The very declaration by a Court that a statute is unconstitutional obliterates the statute entirely as though it had never been passed. The consequences of the declaration of unconstitutionality of a statute have to be dealt with only by the Court,'' it said.

Manipur government in 2012 had passed the Manipur Parliamentary Secretary (Appointment, Salary and Allowances, and Miscellaneous Provisions) Act, 2012 empowering the state to appoint Parliamentary Secretaries which was repealed.

Later, Manipur passed the Manipur Parliamentary Secretary (Appointment, Salary and Allowances, and Miscellaneous Provisions) Repealing Act, 2018 adding a saving clause in the Repealing Act.

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