https://www.taxtmi.com/caselaws?id=170996 The Defence of India Act, 1939 was upheld as within legislative competence because the Central Legislature's power could be supported by relevant constitutional entries, including preventive detention connected with defence. Rule 26 of the Defence of India Rules was nevertheless invalid because it exceeded the rule-making power in Section 2(2)(x): the enabling provision allowed detention only on specified grounds of reasonable suspicion, while the Rule authorised detention on a broader executive satisfaction standard. A detention order made solely under that invalid Rule was a nullity and was not protected by Section 16(2), since the ouster clause could not shield an order lacking lawful foundation. en-us Thu, 22 Apr 1943 00:00:00 +0630 Tue, 07 Jul 2015 12:36:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=170996 The Defence of India Act, 1939 was upheld as within legislative competence because the Central Legislature's power could be supported by relevant constitutional entries, including preventive detention connected with defence. Rule 26 of the Defence of India Rules was nevertheless invalid because it exceeded the rule-making power in Section 2(2)(x): the enabling provision allowed detention only on specified grounds of reasonable suspicion, while the Rule authorised detention on a broader executive satisfaction standard. A detention order made solely under that invalid Rule was a nullity and was not protected by Section 16(2), since the ouster clause could not shield an order lacking lawful foundation. Case-Laws Indian Laws Thu, 22 Apr 1943 00:00:00 +0630 https://www.taxtmi.com/caselaws?id=170996