11.03.2021 – *”LAW NOTES”* *JUDICIAL REVIEW OF VALIDATING ACT* The validity of a Validating Act is to be judged by the following tests:-

11.03.2021 – *”LAW NOTES”*
*JUDICIAL REVIEW OF VALIDATING ACT*

The validity of a Validating Act is to be judged by the following tests:-

1) Whether the Legislature, enacting the Validating Act, has Legislative Competence over the Subject Matter?

2) Whether by validation, the Legislature has cured/removed the defect which the Courts have found in the previous Law?

3) Whether the validating Law is consistent with the Provisions of Part III of the Constitution?

It is only when the answer to all the 3 questions is in the affirmative, that the Validating Act can be held to be effective and the consequences flowing from the adverse pronouncement of the Court held to have been neutralised.

[AIR 2014 SC 1716]
Amarendra Kumar Mohapatra Vs. St. of Orrisa

[(1976) 4 SCC 750]
I.N. Saksena Vs. St. of MP

Author k Selvaraj advocate mhc

[(2003) 5 SCC 298]
Bakhtawar Trust Vs. M.D. Narayan