petitioners contended that the said Principal Act is a conditional legislation by reason of provisions of Section 1(3) thereof. Such legislation though is valid ... Principal Act because the Principal Act is conditional legislation. The contention of the learned counsel for the applicants is that as the said notification
topic within its legislative field,
fundamentally altering or changing with retrospective, curative or
neutralising effect the conditions on which such decision is based ... topic within its legislative field fundamentally altering
or changing with retrospective, curative or neutralising effect the
conditions on which such decision is based. As pointed
times will be clear from the following passage on the topic of legislation in
"Jurisprudence The Philosophy and Method ... important characteristic of legislation that it "looks to
the future and changes existing conditions by making a new
rule to be applied thereafter
holding
that the State Legislature had legislative competence not only to change the
service conditions of the State civil servants with retrospective effect but also ... already stated, no one has questioned here the legislative competence
to change the service conditions of State civil servants with retrospective effect.
The question
respective lists of the Seventh Schedule to the Constitution. Power to legislate law would include the power to amend the law, to enact ... subject within its legislative competence fundamentally altering or changing the character prospectively or retrospectively. The changes of altered conditions have to be such that
Constituent Assembly that the legislative power conferred on the President under this Article is not a parallel power of legislation. It is power exercisable only ... retrospectively. This power to make retrospective legislation enables the legislature to validate prior executive and legislative Acts retrospectively after curing the defects that
constitutionally valid.
He submitted that the legislature has got plenary right of legislating both
prospectively and retrospectively and merely because a judgment, which was
rendered ... after
the auctions were held, the highest bidders were bound by the conditions
enumerated therein and their pleas to exempt them from the payment
Mukesh K. Tripathi vs Sr. Divn. Manager, L.I.C. & Ors on 6 September
Sanjeev Gupta & Ors vs Union Of India & Anr on 16 November, 2004
Bench
Ramji Purshottam (D) By Lrs. & Ors vs Laxmanbhai D, Kurlawala (D) By Lrs. &
