State of Manipur vs Surjakumar Okram

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 58

SUPREME COURT OF INDIA
(From the High Court of Manipur at Imphal)
L. NAGESWARA RAO, B.R. GAVAI, B.V. NAGARATHNA, JJ.
The State of Manipur & Ors. - Appellant
Versus
Surjakumar Okram & Ors. - Respondent
Civil Appeal Nos. 828-832 of 2022 (Arising out of SLP (C) Nos.2386-2390, 2001-2005 of 2021)
Decided on : 01-02-2022

Advocates appeared:
For the Petitioner(s): Mr.Hijam Lenin Singh, AAG Mr.Abdulrahiman Tamboli Adv Mr. Anish R. Shah, AOR Mr. Rahul Joshi, AOR
For the Respondent(s): Mr. Narender Hooda Sr. Adv. Mr. Shivendra Dwivedi Adv. Mr. Rajesh Mahale, AOR

Headnote:
Parliamentary Secretaries - Legislative Competence - Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012 - Section 3, 4, 7 - The judgment discusses the validity of the 2012 Act and the subsequent Repealing Act, 2018, and the saving clause therein. It also addresses the competence of the Manipur Legislature to enact and repeal the 2012 Act, and the implications of the saving clause. The court holds that the Manipur Legislature was competent to enact the Repealing Act, 2018, but the saving clause therein is struck down, except for acts, deeds, and decisions undertaken by the Parliamentary Secretaries under the 2012 Act.
Fact of the Case:

The Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012 (2012 Act) provided for the appointment, salary, and allowances of Parliamentary Secretaries in Manipur. The validity of the 2012 Act and the subsequent Repealing Act, 2018, was challenged before the High Court of Manipur. The High Court declared both acts as unconstitutional. The State of Manipur and the appointed Parliamentary Secretaries appealed against this judgment.
Finding of the Court:

The High Court erred in declaring the 2012 Act as unconstitutional after it was repealed by the Repealing Act, 2018. The Manipur Legislature was competent to enact the Repealing Act, 2018, but the saving clause therein is struck down, except for acts, deeds, and decisions undertaken by the Parliamentary Secretaries under the 2012 Act.
Issues: The main issues were the legislative competence of the Manipur Legislature to enact and repeal the 2012 Act, the validity of the saving clause in the Repealing Act, 2018, and the implications for acts, deeds, and decisions undertaken by the Parliamentary Secretaries under the 2012 Act.
Ratio Decidendi: The Manipur Legislature was competent to enact the Repealing Act, 2018, but the saving clause therein is struck down, except for acts, deeds, and decisions undertaken by the Parliamentary Secretaries under the 2012 Act.
Final Decision: The Civil Appeals are disposed of accordingly. The Manipur Legislature was competent to enact the Repealing Act, 2018, but the saving clause therein is struck down, except for acts, deeds, and decisions duly undertaken by the Parliamentary Secretaries under the 2012 Act.

JUDGMENT :

L. NAGESWARA RAO, J.

Leave granted.

1. The Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012 (Manipur Act No. 10 of 2012) (hereinafter referred to as the “2012 Act”) was enacted by the Legislature of Manipur to provide for appointment, salary and allowances of Parliamentary Secretaries in Manipur. Section 3 read with Section 4 thereof, enabled the Chief Minister to appoint a member of the Manipur Legislative Assembly as a Parliamentary Secretary, who shall have the rank and status of a Minister of State. Section 7 of the 2012 Act stipulated that a Parliamentary Secretary shall be entitled to such salary and allowances as are admissible to a Minister of State under the Manipur Parliamentary Secretary (Salary and Allowances) Act, 1972. Appellants in Civil Appeals arising out of SLP (C) Nos. 2386-2390 of 2021 were appointed as Parliamentary Secretaries in 2017.

2. The Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004 (hereinafter referred to as the “Assam Act, 2004” ), which had provisions similar to that of the 2012 Act, was the subject matter of challenge before the Gauhati High Court. The writ petition filed before the Gauhati High Court was transferred to this Court. On 26.07.2017, this Court in Bimolangshu Roy v. State of Assam & Anr., (2018) 14 SCC 408 declared that the Legislature of Assam lacked competence to enact the Assam Act, 2004. The Manipur Assembly passed the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Repealing Act, 2018 (hereinafter referred to as the “Repealing Act, 2018”) which was notified on 04.04.2018. It was mentioned in preamble of the Repealing Act, 2018 that the 2012 Act was being repealed in light of the judgment of this Court in Bimolangshu Roy (supra). The Repealing Act, 2018 contained a saving provision to the following effect:

(2) Notwithstanding the repeal of the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012, the repeal shall not affect (a) the previous operations of the repealed Act or anything duly done in pursuance of the Act so repealed including anything done in official discharge of their duties by the Parliamentary Secretaries; or

(b) any right, privilege or obligation incurred under the repealed Act.”

3. In the meanwhile, the Appellants in Civil Appeals arising out of SLP (C) Nos. 2386-2390 of 2021 resigned from the post of Parliamentary Secretaries. It is also relevant to mention that PIL Nos. 7, 9 and 10 of 2017 were filed in the High Court of Manipur challenging the validity of the 2012 Act. The validity of the Repealing Act, 2018 was assailed in the High Court of Manipur by way of Writ Petition (C) No. 317 of 2018 and PIL No. 16 of 2018. The PILs and the Writ Petition (C) No. 317 of 2018 were taken up together by the High Court of Manipur and disposed of by judgment dated 17.09.2020. The 2012 Act and the Repealing Act, 2018 were declared as unconstitutional by the High Court. Aggrieved by the said judgment, the State of Manipur and the members of the Manipur Legislative Assembly who were appointed as Parliamentary Secretaries have filed the above appeals.

4. The writ petitioners contended before the High Court of Manipur that the Manipur Legislature lacked competence to promulgate the 2012 Act. It was further submitted before the High Court that the saving clause in the Repealing Act, 2018 is a devious method to justify the illegal appointments made by virtue of the 2012 Act. The High Court was of the view that the power of a legislative body to repeal a law is co-extensive with the legislative body’s competence to enact such law. If the State Legislature lacked legislative competence to enact the 2012 Act, the State Legislature did not have the power to repeal the same by way of the Repealing Act, 2018. The State Legislature could not ha