Ratification" which was not taken
note of by the High Court.
35) The expression “Ratification” means “the making valid of an act
already done ... could not be subsequently “rectified” by ratification of the
competent authority. Ratification by definition means the making valid of
an act already done. The principle
held to
be void ab-initio and no amount of ratification could validate the order.
The case pertains to the realm of disciplinary proceedings ... subsequent power of
attorney. It was held that the ratification was valid and relates back to the
date of original act.
The resolution dated
previously
authorised it. Ratification can be express
or implied from conduct, and it will be held
adopted throughout.
XXX XXX XXX
Ratification differs from consent ... Contract Act. It
reads as under:
“198. Knowledge requisite for valid
ratification
“No valid ratification can be made by a
person whose knowledge
Chief Minister
approving the scheme subject to ratification by the Cabinet and the
subsequent ratification is valid and not open to question by appellants
apply to torts. From
them it would follow that a principal by
ratification may retrospectively turn what was
previously an act wrongful against the princi ... Chairman even though it was
invalid initially, could be validated by ratification in a
regularly convened meeting of the Board of Directors. Ma-
thew
subsequently 'rectified' by ratification of the competent
authority. Ratification by definition means the making
valid of an act already done. The principle ... ratification of an act
is equivalent to a prior authority to perform such act'.
Therefore ratification assumes an invalid act which is
retrospectively validated
short order, the SAT, after noticing the ratification in the
resolution on 29.09.2017, allowed the appeal of the Noticees
by recording the following finding ... impugned action. Hence, learned
Amicus submits that on facts the ratification is valid, especially
since :-
Page 21 of 58
(A) The breach was in relation
provisions which do not require ratification by States as
well as amendment in provisions which require such
ratification and by application of the doctrine ... result. If the President's assent
cannot validate para 7 in the absence of prior ratification,
the same assent cannot be accepted to bring
only indirectly and did not require ratification under the
proviso to Art. 168. [919 D-H]
In validating the impugned laws Parliament was not
encroaching ... make any
and legislation but to protect and validate the legislative
measure passed by different State legislatures. This was
within the legislative competence of Parliament
their right to avoid it either by
express ratification or by acts which treat it as valid or
binding.
The principle applicable to the present ... their right to avoid it either by
express ratification or by acts which treat it as valid or
binding".
This was followed in Dhiyan
