Repealing Act Doesn't Require Presidential Assent if Original Law Had It: Supreme Court

Repealing Act Doesn't Require Presidential Assent if Original Law Had It: Supreme Court

  • Case Name: M/S S.R.S Travels By Its Proprietor K.T. Vs The Karnataka State Road Transport

The Supreme Court ruled that a repealing Act does not require fresh Presidential assent under Article 254 of the Constitution. 

The case involved the Karnataka Motor Vehicles Taxation and Certain Other Law (Amendment) Act, 2003, which repealed the Karnataka Contract Carriages (Acquisition) Act, 1976

The Supreme Court overturned the Karnataka High Court's decision, which struck down the 2003 Act for lacking presidential assent

It held that state legislatures have the power to repeal laws they enacted and that the repeal was a policy decision to liberalise the transport sector.

SC Judgment / 9 months ago

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