Latest Published Articles

Historically, the legislative device of abrogation is a tool which facilitates the interference of the legislature into the domain of other organs of governance and their supremacy. In light of its constitutional implications, the device is one which is not adopted on a day-to-day basis. Ordinarily speaking, the rationale behind the enactment of the 'validating' legislation is to nullify the ineffectiveness apparent in the existing legislation in question, on the basis of which the judicial pronouncement was passed. The Government of NCT of Delhi (Amendment) Act, 2023, coloured as the 'validating' legislation, has the effect of dodging the judicial pronouncement striking down the notification of the Ministry of Home Affairs, through which the scope of power of the Union Legislature was expanded when compared to the existing ambit prescribed by the Constitution vis-à-vis Article 239-AA. In essence, the Supreme Court identified the defect in this notification but not in the constitutional provision. On the contrary, the Parliament, through the Act of 2023, has sought to nullify the hypothetical 'defect' in a constitutional provision. However, when the Parliament attempts to do so, it no longer remains a 'legislative device of abrogation' rather falls within the domain of constitutional amendments. This 'convenient bypass' of the amendment procedure prescribed within the Constitution is coupled with the breakdown of the triple chain of accountability. The chain of accountability remains quintessential to the functioning of a democratic structure since the rate of successfully accommodating the will of the people depends upon this multi-linked chain of accountability. Parliamentary overruling and destruction of the triple chain of accountability together reflect the intention of the Union legislature to revoke the 'sui generis' status granted to the NCT of Delhi.

Keywords: Colourable Legislation, Collective Responsibility, Federalism, Parliamentary Overruling, Triple Chain of Accountability, Validating Legislation