Struck Down Rule – Effect of

Once a rule is struck down as arbitrary, unreasonable and violative of Article 14 of the Constitution of India, the effect is as if such a provision was never in effect, being ‘stillborn’. Even if, in a given case, in subsequent amendment, there is a reference of such provision which has been struck down, yet it cannot be followed, being non-est. The mere fact that before being struck down, it has been referred to in a subsequent amendment, would make no difference. Shiv Kumar Pathak v. State of U.P., 2015 (5) AWC 4984.

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