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RETROSPECTIVE VALIDATION OF A STATUTE

Other Topics - By: - Mr. M. GOVINDARAJAN - Dated:- 30-5-2015 - Retrospective legislation is generally defined as legislation which takes away or impairs any vested right acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect to transactions or considerations already past . It is a general expectation and requirement of the rule of law that legislation should only apply prospectively. Retrospective provisions should only be enacte .....

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ghts or obligations of actions those matters that have already occurred. Retrospective application to events that have already occurred Legislation can also be made retrospective by applying to things already done. For example, section 10 of the Illegal Contracts Act 1970 provides that it shall apply to contracts that were made before or after the commencement of this Act . In this way the Act applies retrospectively to contracts entered into before the Act was passed. Validating legislation Act .....

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doing was lawful or there may have been some doubt as to the lawfulness of their actions. For example, in 2006 the Auditor-General reported to Parliament that appropriations for Parliamentary services for members of Parliament had been used for election purposes and these were outside the scope of the appropriation. Parliament validated this expenditure in the Appropriation (Parliamentary Expenditure Validation) Act 2006. Reversing the effects of a court decision Legislation sometimes reverses .....

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pective legislation also occurs in tax law. In recent years retrospective amendment has been a very common incident. In The Indian Aluminum Company and others V. State of Kerala and others - 1996 (2) TMI 526 - SUPREME COURT the Supreme Court has a long discussion coupled with a large number of judgments on validation acts. The Supreme Court laid down the following principles in this regard, as detailed below: The adjudication of the rights of the parties is the essential judicial function. Legi .....

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ich includes power to amend the law; Courts in their concern and endeavor to preserve judicial power equally must be guarded to maintain the delicate balances devised by the Constitution between the three sovereign functionaries. In order that rule of law parameters to fulfill constitutional objectives of establishing an egalitarian social order, the respective sovereign functionaries need free play in their joints so that the march of social progress and order remains unimpeded. The smooth bal .....

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he law? Whether such validation is consistent with the rights guaranteed in Part III of the Constitution? The court does not have power to validate an invalid law or to legalize impost of tax illegally made and collected or to remove the norm of invalidation or providing a remedy. These are not judicial functions but the exclusive provisions of the legislature. Therefore they are not encroachment on judicial power; In exercising legislative power, the legislature by mere declaration, without .....

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