Validation of Law Act, 1955


Validation of Law Act, 1955


S. 3— Section 3 of the Validation Act makes
section 223A Government of India (Amendment) Act, 1954, operative from 2nd
October, 1955 on which date Validation Act came into force.

SM Wali Ahmed Chowdhury Vs. Mahfuzul Huq Chowdhury (1956) 8 DLR 429.


Secs. 4 and 5— Section 5 operates as bar to jurisdiction
of courts to call in question validity of Acts declared valid by section 4.

Punjab Province Vs. Malik Khizir Haya Khan Tiwana (1956) 8 DLR (FC) 91.


—Validation of Laws Act, 1956 which validates certain existing laws is
not prospective and valid in the sense that it validates the existing laws even
if they come into conflict with the Constitution for which the legislation
could not possibly provide in anticipation.

Jibendra Kishore Acharya Vs. Province of East Pakistan (1956)8 DLR 457.

—It cannot be argued that Articles 4 and 5 of the Constitution which is
supreme cannot render pre-excising law void if it is repugnant to and comes
into conflict with these Articles of the Constitution because of the provisions
of Article 15 and those of Validation Act, 1956.   Ibid.