Merely passing subsequent legislation without curing the defects cannot validate an ultra-vires legislation: SC

The Supreme Court (SC), adjudicating on appeals filed against the final order of the Himachal Pradesh High Court upholding the Himachal Pradesh Passengers and Goods (Amendment and Validation), Act, 1997, has held that it is permissible for the legislature to remove a defect in earlier legislation, either prospectively or retrospectively, by a legislative process and previous actions can also be validated. “However, where a legislature merely seeks to validate the acts carried out under a previous legislation which has been struck down or rendered inoperative by a Court, by a subsequent legislation without curing the defects in such legislation, the subsequent legislation would also be ultra-vires