AIR 1959 SUPREME COURT 648 ::1959 SCJ 1069 ::ILR 1959 1 All 293

Supreme Court Of India

(From Allahabad)* 15th January, 1959.

Hon'ble Judge(s): S. R. Das, N. H. Bhagwati, B. P. Sinha, K. Subba Rao, K. N. Wanchoo , JJJ

(A) Constitution of India , Art.13, Art.31, Art.245(1), Art.246— Effect of provisions - Distinction between clauses (1) and (2) of Art. 13 - Power of legislature to make laws in regard to entries in Seventh Schedule whether circumscribed by Part III of Constitution - Law made in excess of power whether ab initio void - Doctrine of eclipse when can be invoked - U. P. Transport Service (Development) Act - Validity of, whether to be tested on basis of Constitution (Fourth Amendment) Act 1955. Uttar Pradesh Road Transport Services (Development) Act (9 of 1955) , S.1— Per Bhagwati, Subba Rao and Wanchoo JJ.-The combined effect of Arts. 13, 31, 245(1) and 246 may be stated thus Parliament and the Legislatures of States have power to make laws in respect of any of the matters enumerated in the relevant lists @page-SC649 in the Seventh Schedule and that power to make laws is subject to the provisions of the Constitution including Art. 13 i.e., the power is made subject to the limitations imposed by Part III of the Constitution. The general power to that extent is limited. A Legislature, therefore, has no power to make any law in derogation of the injunction contained in Art. 13. There is a clear distinction between the two clauses of Art. 13. Under cl. (1) a pre-Constitution law subsists except to the extent of its incons....