AIR 1976 SUPREME COURT 2250 ::1976 LAB. I. C. 1446 ::1976 4 SCC 750 ::1976 UJ (SC) 223 ::1976 2 LabLJ 154 ::1976 ServLJ 712 ::(1978) 1 Serv L R 624 ::1976 (1) ServLR 624 ::1976 3 SCR 237

Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): A. N. Ray, M. H. Beg, R. S. Sarkaria, P. N. Shinghal , JJJ

(A) Constitution of India , Art.245, Art.246, Art.19, Art.31, Art.309, Sch.VII List II Entry 41— Validating law - Validity - Tests (B) Madhya Pradesh Shasakiya Sevak Anivarya Sevanivritti Ka Vidhimanyata Karan Adhiniyam (5 of 1967) , S.2, S.5— Valid. The validity of a validating law is to be judged by three tests. Firstly, whether the legislature possesses competence over the subject-matter, and secondly, whether by validation the legislature has removed the defect which the Courts had found in the previous law and thirdly, whether it is consistent with the provisions of Part III of the constitution. Applying these tests it is held that provisions of Sections 2 and 5 of M. P. Act (5 of 1967) are valid.(Para 36) @page-SC2251 In enacting the impugned Act, the State legislature derives its competence not only from Article 309, but also from Entry 41 of List II of the Seventh Schedule. The scope of Entry 41 is wider than the matter of regulating the recruitment and conditions of service of public servants under Article 309. By virtue of Articles 246, 309 read with Entry 41, List II, therefore, the State legislature had legislative competence not only to change the service conditions of State Civil Servants with retrospective effect but also t....