Provisions of a Central legislation struck down by a High Court cannot be selectively applied in other States: Madras HC

Provisions of a Central legislation struck down by a High Court cannot be selectively applied in other States: Madras HC

There is no question of applicability of provisions struck down by the High Court as of now until and unless the Hon'ble Supreme Court upsets the Judgment or stays the operation of the Judgment, the Bench said.

The Madras High Court has made an important observation in Dr. T. Rajakumari vs. The Government of Tamil Nadu that, once a High Court has struck down the provisions of the Central Act, it cannot be selectively applied in other States.

The Bench comprising of the Chief Justice Sanjay Kishan Kaul and Justice R. Mahadevan made this observation while disposing of a Writ petition seeking a declaration to the effect that the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) (Six Months Training) Rules, 2014 is beyond the scope of the Pre-conceptional and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, and inconsistent with Medical Council of India Act, 1956 and Regulations.

Referring to a Delhi High Court order which had struck down down Section 2(p) of Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, it was submitted before the High Court that the said order is challenged before the Supreme Court. The Bench observed: “The only question is as to what would happen till the Hon'ble Supreme Court examines the issue. In this behalf, if the Hon'ble Supreme Court had stayed or would stay the operation of the Judgment, then only could those provisions struck down again come in force.”

The Bench then observed: “it is trite to say that once a High Court has struck down the provisions of the Central Act, it cannot be said that it would be selectively applied in other States. Thus, there is no question of applicability of provisions struck down by the High Court as of now until and unless the Hon'ble Supreme Court upsets the Judgment or stays the operation of the Judgment.”

Read the Judgment here.