Judicial Dictionary

Pre-Constitution law made by a competent authority: effect of

A pre-Constitution law made by a competent authority, though it has lost its legislative competency under the Constitution, shall continue in force, provided the law does not contravene the “other provisions” of the Constitution.

Gannon Dunkerly and Co. v. Sales Tax Officer, Maatancherry, ILR (1957) Kerala 462:( (S) AIR 1957 Kerala 146); Sagar Mall v. State, ILR (1952) 1 All 862; Kanpur Oil Mills v. Judge (Appeals) Sales Tax Kanpur, (S) AIR 1955 All 99; Amalgamated Coalfields Ltd. v. Janapada Sabha, Chhindware,(1962)1 SCR 1 Jagdish Prasad v. Saharanpur Municipality, AIR 1961 All 583; Sheoshankar v. State Govt. of M. P. AIR 1951 Nag 58; State v. Yash Pal, (S)AIR 1957 Punj 91 and Binoy Bhusan v. States of Bihar AIR 1954 Pat 346. It is not necessary to consider in detail the said decisions, as they either resume the said legal position or sustain it, but do not go further.

They held that a law made by a competent authority before the Constitution continues to be in force after the Constitution till it is altered or modified or repealed by the appropriate authority, even though it is beyond the legislative competence of the said authority under the Constitution.

We give our full assent to the view and hold that a pre-Constitution law made by a competent authority, though it has lost it legislative competency under the Constitution, shall continue in force, provided the law does not contravene the “other provisions” of the Constitution. [South India Corporation (P) Ltd Vs Secretary, Board of Revenue, Trivandrum and another AIR 1964 SC 207 : (1964) 4 SCR 280]

Categories: Judicial Dictionary

Tagged as: