https://www.taxtmi.com/caselaws?id=305815 The power to decide whether a temporary statute continues beyond its fixed term is an essential legislative function and cannot be delegated to the executive. On that basis, the delegation in Section 1(4) authorising notification-based extension of the Madras Maintenance of Public Order Act, 1947 was invalid, and the Act expired on its original term. Because the principal Act had lapsed, the Ordinance's declaratory and amending provisions in Sections 2, 3(a) and 4 could not revive or amend a dead enactment and were ineffective. By contrast, Section 3(b) was a valid retrospective validating provision, capable of curing defects in prior actions, notifications and orders where the language clearly showed that intent. en-us Mon, 10 Oct 1949 00:00:00 +0530 Mon, 26 Dec 2022 15:37:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=305815 The power to decide whether a temporary statute continues beyond its fixed term is an essential legislative function and cannot be delegated to the executive. On that basis, the delegation in Section 1(4) authorising notification-based extension of the Madras Maintenance of Public Order Act, 1947 was invalid, and the Act expired on its original term. Because the principal Act had lapsed, the Ordinance's declaratory and amending provisions in Sections 2, 3(a) and 4 could not revive or amend a dead enactment and were ineffective. By contrast, Section 3(b) was a valid retrospective validating provision, capable of curing defects in prior actions, notifications and orders where the language clearly showed that intent. Case-Laws Indian Laws Mon, 10 Oct 1949 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=305815