State legislature has equal authority to repeal a statute as it has to enact it, says HC

State legislature has equal authority to repeal a statute as it has to enact it, says HC

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Disposes of PIL plea after government says it has decided to repeal Dr. J. Jayalalithaa University Act

The Madras High Court on Friday disposed of a public interest litigation petition filed by former Law Minister C.Ve. Shanmugam of AIADMK, seeking allocation of funds for smooth functioning of Dr.J. Jayalalithaa University in Villupuram, since the incumbent DMK government had decided to repeal a law enacted in February this year for establishment of the varsity.

Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy recorded the submission of Advocate General R. Shunmugasundaram that the Higher Education Department had issued a Government Order (G.O.) on August 3 expressing its intention to repeal Dr.J. Jayalalithaa University Act, 2021 enacted during the fag end of the last tenure of the AIADMK government.

“There is no doubt that the State legislature has equal authority to repeal a statute as it has to enact a statute in respect of matters falling within its legislative domain,” the judges said. They, however, added that as long as the law continues to be in force and its operation had not been stayed by any court, the provisions of the statute need to be followed scrupulously.

Therefore, the Bench quashed a notification issued by Thiruvalluvar University on June 25 inviting applications for post graduate courses from students in Kallakurichi, Villupuram and Cuddalore districts, which fall within the jurisdiction of Dr.J. Jayalalithaa University. It also set aside all steps that had been taken by Thiruvalluvar University to conduct those courses at its extension centre in Villupuram.

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