Struck Down Rule – Effect of

Once a rule is struck down as arbitrary, unreasonable and violative of Article 14 of the Constitution of India, the effect is as if such a provision was never in effect, being ‘stillborn’. Even if, in a given case, in subsequent amendment, there is a reference of such provision which has been struck down, yet it cannot be followed, being non-est. The mere fact that before being struck down, it has been referred to in a subsequent amendment, would make no difference. Shiv Kumar Pathak v. State of U.P., 2015 (5) AWC 4984.

Advertisements

Leave a comment

Filed under Striking off

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s