CONSUMER EDUCATION & RESEARCH SOCIETY versus UNION OF INDIA & ORS.

CONSUMER EDUCATION & RESEARCH SOCIETY versus UNION OF INDIA & ORS.

The Parliament (Prevention of Disqualification) Amendment Act, 2006 is constitutionally valid. Parliament is empowered under Article 102(1)(a) to make retrospective laws removing disqualifications. Disqualification and vacancy of seats arise only when so declared by competent constitutional authorities. The determination of which offices are to be exempted lies within the legislative domain, and deviation from parliamentary procedure, such as non-reference to a Joint Committee, does not affect constitutional validity.

Parties
Petitioner: Consumer Education & Research Society; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
24 August 2009
Procedural Posture
Writ Petition (civil) Under Article 32 / Final Judgment by Supreme Court
Outcome
Writ petitions dismissed; impugned legislation held constitutionally valid
Legal Topics
Disqualification of Members of Parliament, Office of Profit, Retrospective Legislation, Equality Before Law, Legislative Powers
Constitutional Law Legislative Procedure Disqualification of Members of Parliament Office of Profit Retrospective Legislation Equality Before Law Legislative Powers

Case Brief

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Parties

Consumer Education & Research Society

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (civil) Under Article 32 / Final Judgment by Supreme Court

Legal Issues

  1. 1 Whether the Parliament (Prevention of Disqualification) Amendment Act, 2006, which retrospectively exempts certain offices of profit from disqualification, violates Articles 101 to 104 of the Constitution
  2. 2 Whether exemption of offices of profit by Parliament without referring the proposal to a Joint Committee renders the Amendment unconstitutional or in violation of Article 14

Ratio Decidendi

The Parliament (Prevention of Disqualification) Amendment Act, 2006 is constitutionally valid. Parliament is empowered under Article 102(1)(a) to make retrospective laws removing disqualifications. Disqualification and vacancy of seats arise only when so declared by competent constitutional authorities. The determination of which offices are to be exempted lies within the legislative domain, and deviation from parliamentary procedure, such as non-reference to a Joint Committee, does not affect constitutional validity.

Court Disposition

Writ petitions dismissed; impugned legislation held constitutionally valid

Orders

  • Writ petitions are dismissed without costs