Challenging Validity of Law / Rule / Policy / Regulation / Bye Law / Circular, on the grounds that it sought to nullify the decision of High Courts and Apex Court
The Law/ Rule / Regulation / Circular / Policy / any other vital decision, enacted / framed by the Parliament of India / State Legislature / Central / State Govt / Administrative / Statutory Authorities, on the premise that Impugned law sought to nullify the decision of our Constitutional Courts, that is High Courts and Apex Court. It is a Case where the Impugned law is enacted to overcome / overrule the judgment of the HC/SC, and without curing the unconstitutionality / reasoning / defects based on which the judgment was made. The submission is – the Impugned Law can validly be enacted provided it cures the unconstitutionality in the law, and not merely overrules the judgment, which declared the law as unconstitutional. The Impugned law be invalidated on the grounds of disturbing the doctrine of “separation of powers”.
