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Bhikaji Narain Dhakras And Others vs The State Of Madhya Pradesh And Another on 29 September, 1955 cites

Sagir Ahmad And Ors. vs The Govt. Of The State Of Uttar Pradesh ... on 17 November, 1953

It will be noticed that clause (6), as amended, was not made retrospective as the amended clause (2) had been made. The contention of the respondents before us is that although the amending Act, on the authority of our decision in Shagir Ahmad's case (supra), became on and from the 26th January 1950 void as against the citizens to the extent of its inconsistency with the provisions of article 19(1)(g), nevertheless, after the 18th June 1951 when clause (6) was amended by the Constitution (First Amendment) Act, 1951 the amending Act ceased to be inconsistent with the fundamental right guaranteed by article 19(1) (g) read with the amended clause (6) of that article, because that clause, as it now stands, permits the creation by law of State-monopoly in respect, inter alia, of motor transport business and it became operative again even as against the citizens. The petitioners, on the other hand, contend that the law having become void for unconstitutionality was dead and could not be vitalised by a subsequent amendment of the Constitution removing the constitutional objection, unless it was re- enacted, and reference is made to Prof. Cooley's work on Constitutional Limitations, Vol. I, p. 384 Note referred to in our judgment in Shagir Ahmad's case (supra) and to similar other authorities. The question thus raised by the respondents, however, was not raised by the learned Advocate-General in that case, although the notification was published by the U. P. Government on the 25th March 1953 and the proposed scheme was published on the 7th April, 1953, i.e., long after the Constitution (First Amendment) Act, 1951 had been passed.
Allahabad High Court Cites 76 - Cited by 15 - Full Document
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