Section 11 in THE ASSAM PARLIAMENTARY SECRETARIES (APPOINTMENT, SALARIES, ALLOWANCES AND MISCELLANEOUS PROVISIONS) ACT, 2004
11. Repeal:- The Assam Parliamentary Secretary (Appointment, Salaries, Allowances and Miscellaneous) Ordinance, 2004 (Assam Ordiance No. 1 of 2004) is hereby repealed.
[In Bimolangshu Roy v State of Assam, the Supreme Court struck down the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004, holding that the Legislature of Assam was not competent to pass it. Expressing that the Manipur Legislature had no competence to enact the saving clause in the Repealing Act, 2018, Supreme Court asserted that by means of the saving clause in the Repealing Act, 2018, the Manipur Legislature could not have infused life into a legislation, which was recognised by the Legislature itself as unconstitutional and thereby, a nullity, prompting its repeal. Exercising the powers under Article 142 of the Constitution of India, this Court considered it necessary to save only those acts, deeds and decisions duly undertaken by the Parliamentary Secretaries under the 2012 Act during their tenure. While disposing of the civil appeals, the Supreme Court held that the saving clause in the Repealing Act, 2018 will be struck down.(https:www.scconline.com/blog/post/2022/02/09 law-passed-by-legislature-is-good-law-till-it-is-declared-unconstitutional-by-a-court/, https:indiankanoon.org/doc/148865092/)]
