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Hon'ble Apex Court was considering the validity of the High Denomination Bank Notes (Demonetization) Ordinance, 1946. The decision is equally applicable in this Ordinance also.

5. With regard to the alternative contention raised by the appellant that even if Ordinance will be valid beyond six months it will be valid only till the end of declaring of emergency, same was repelled by the Supreme Court in the above case as follows:

"27. The alternative argument addressed before us by the learned counsel for the appellant, need not detain us at all, for the simple reason that reading S.72 in the manner suggested would be tantamount to giving a retrospective effect to the section as it originally stood in regard to Ordinances which had been promulgated between 27.6.1940 and 1.4.1946. There is nothing to justify such retrospective operation. As regards such Ordinances the period of their duration had to be determined having regard to the provisions of S.72 as they stood with the omission of the words 'for the space of not more than six months from its promulgation' therefrom during the period specified in S.3 of the India and Burma (Emergency Provisions) Act, 1940 and the Ordinance in question was therefore not limited to the space of not more than six months from the date of its promulgation but was perpetual in its duration with the result that it continues in operation until it is repealed. There is Crl. Appeal No.1400/2007 & no warrant for reading the provisions of S.72 with the omitted words restored to their original position after 1.4.1946 while determining the duration of the Ordinances which had been promulgated between 27.6.1940 and 1.4.1946."