Will It Not Create Uncertainty If One Government Makes Laws and Another Repeals Them: Supreme Court

Will It Not Create Uncertainty If One Government Makes Laws and Another Repeals Them: Supreme Court

The Supreme Court on Tuesday questioned the Punjab government, asking whether it would not lead to uncertainty if one government enacts laws and the succeeding government repeals them. The query arose during the hearing of Punjab's appeal challenging the High Court's decision regarding the termination of certain amendments and special provisions related to universities in the state.

A bench comprising Justice BR Gavai and Justice Vikram Nath raised this question while hearing the petitions challenging the Punjab and Haryana High Court's order, which had quashed the state's decision to repeal the Punjab Special Universities Act, 2017. The Supreme Court reserved its judgment after hearing the arguments.

The case pertains to the Punjab government's decision in 2017 to repeal the Khalsa University Act, 2016, which had granted special status to institutions like Khalsa University, Talwandi Sabo University, and Sri Guru Granth Sahib World University. The High Court later quashed this repeal, which prompted the Punjab government to appeal to the Supreme Court.

The petitioners argued that the Punjab government's decision was in violation of constitutional provisions and fundamental principles. They emphasized that if one government repeals laws made by the previous government, it could lead to administrative instability and uncertainty.

In response, the Supreme Court bench noted that governments should consider the long-term impact of repealing laws and how such actions might affect the stability of governance. The court questioned whether allowing successive governments to overturn laws would lead to a lack of continuity and predictability in the legal framework.

In a related matter, a petition was also filed in the Supreme Court seeking regulation of OTT and other digital platforms. The plea demanded a framework for content regulation and monitoring to ensure that digital platforms comply with legal standards, citing concerns over the content available on these platforms. The court has yet to make a ruling on this separate petition.