VidhiSangh

Supreme Court of India · 01/02/2022

THE STATE OF MANIPUR & ORS. versus SURJAKUMAR OKRAM & ORS.

[2022] 1 S.C.R. 1057 · 2022 INSC 134

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld Manipur’s competence to repeal its Parliamentary Secretaries Act, which had not itself been judicially invalidated before repeal. It nevertheless struck down the saving clause in the exceptional circumstances of a repeal expressly acknowledging the materially identical Assam law’s constitutional defect. To prevent public confusion and harm to third parties, the Court separately used Article 142 to preserve only acts, deeds and decisions duly undertaken by the Parliamentary Secretaries during their tenure.

Issues

  1. Whether the earlier Assam decision required reconsideration or automatically invalidated Manipur’s corresponding statute.
  2. Whether Manipur could enact the repeal and its saving clause.
  3. Whether past official actions should nevertheless be protected.

Provisions considered

Held

Result

Appeals disposed of. Legislative competence to repeal upheld; statutory saving clause struck down. Acts, deeds and decisions duly undertaken during the Parliamentary Secretaries’ tenure independently saved under Article 142.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 1057.