Source: Supreme Court 

Why in News? 

The Supreme Court struck down the Khalsa University (Repeal) Act, 2017, as unconstitutional, ruling it violated Article 14 of the Constitution of India, 1950 (COI) by unjustly singling out Khalsa University among 16 private universities in Punjab without reasonable classification.  

• Justices BR Gavai and KV Viswanathan held in the matter of Khalsa University and Another v. The State of Punjab and Another. 
• The Court observed the need for equal treatment under the law, rejecting the state's concerns over the university's character as insufficient grounds for discrimination. 

What was the Background of Khalsa University and Another v. The State of Punjab and Another Case? 

• The Khalsa College Charitable Society has existed since 1892.  
• In 2010, Punjab introduced the Punjab Private Universities Policy.  
• In 2010, Khalsa College Charitable Society submitted a proposal to establish a private university.  
• On 5th March 2011, the Punjab government issued a Letter of Intent for the university 
• The Khalsa University Act was passed on 7th November 2016, and published on 17th November 2016.  
• Khalsa University began operations, offering admission to 26 programs.  
• 215 students were admitted for the 2016-17 academic session 
• On 18th January 2017, the University informed the government about enacting statutes in line with policy requirements.  
• In April and May 2017, the state government restricted the university from starting admissions until statute approval from the State Government. 
• On 30th May 2017, the government promulgated an ordinance repealing the 2016 Khalsa University Act. 
• The Khalsa University (Repeal) Act 2017 was subsequently passed and published on 17th July 2017. 
• Legal Challenges: 
  • The university and society filed a writ petition challenging:  
    • The communications restricting admissions. 
    • The ordinance repealed the original act. 
    • The Repeal Act itself. 
  • The Punjab and Haryana High Court dismissed their petition on 1st November 2017: 
    • The matter was then appealed to the Supreme Court.  
    • The state's concern about the university's impact on Khalsa College's character. 
    • The relationship between UGC regulations and the university's operations. 
    • The broader context of private university regulation in Punjab. 
  • Legal Issues: 
    • The case centered on whether singling out Khalsa University among 16 private universities was legally valid. 
    • The constitutionality of the Repeal Act was questioned under Article 14 of the Constitution 
    • The challenge focused on whether there was a reasonable classification for treating Khalsa University differently

What were the Court’s Observations?

• The Court held that while legislation targeting a single entity is permissible, it must satisfy the dual test of reasonable classification and demonstrable nexus with the objective sought to be achieved. 
• The Court emphasized that special circumstances warranting such targeted legislation must be evidenced through legislative materials, parliamentary debates, and prior enquiries; mere assertion without substantiation is insufficient. 
• Upon examination, the Court found no compelling emergent situation or reasonable classification to justify discriminating against Khalsa University among 16 private universities in the State, thereby rendering the Repeal Act violative of Article 14. 
• The Court determined that the State's contention regarding potential damage to Khalsa College's character and pristine glory was unfounded, particularly given the physical evidence and the appellant's assurance of non-affiliation. 
• The Repeal Act was found to suffer from manifest arbitrariness as it imposed excessive and disproportionate restrictions based on a non-existent foundation. 
• Consequently, the Court struck down the impugned Repeal Act as unconstitutional, thereby reviving the 2016 Act.

What is Article 14 of Indian Constitution?

About: 

• Article 14 of the Constitution of India, 1950 affirms the fundamental right of “equality before the law” and “equal protection of law” to all persons. 
• The first expression “equality before law” is of England origin and the second expression “equal protection of law” has been taken from the American Constitution. 
• Equality is a cardinal principle enshrined in the Preamble of the Constitution of India as its primary objective. 
• It is a system of treating all human beings with fairness and impartiality. 
• It also establishes a system of non-discrimination based on grounds mentioned in Article 15 of the Constitution of India. 

Test for Reasonable Classification: 

• Article 14 forbids class legislation however, it does not forbid reasonable classification of persons, objects and transactions by the legislature for the purpose of achieving specific ends. 
• Two conditions were demarcated in the case of State of West Bengal v. Anwar Ali Sarkar (1952): 
  • There must be a presence of intelligible differentia, where application of law must not be universal upon each human. 
  • The differentia applied must align with the cardinal objective of the state. 

How Acts are Repealed in India? 

Definition And Concept: 

• Law repeal is a formal process to nullify an existing law when Parliament determines the legislation is no longer necessary or relevant. 
• Repeal can be:  
  • Complete (entire law nullified) 
  • Partial (specific provisions nullified) 
  • Limited (nullified only to the extent of contravention with other laws) 
• Some laws may include "sunset clauses" - predetermined dates after which they automatically cease to exist. 

Constitutional Basis: 

• The authority for repeal derives from Article 245 of the Constitution, which:  
  • Grants Parliament the power to enact laws. 
  • Implicitly provides the power to repeal them through the Repealing and Amending Act. 
• Historical precedent was established in 1950 when the first Repealing Act nullified 72 existing laws. 

Methods of Repeal: 

• Legislative Route:  
  • Bill introduced in Parliament 
  • Passed by both Houses 
  • Receives Presidential assent 
  • Single legislation can repeal multiple laws simultaneously 

Ordinance Route:  

• Promulgated for immediate effect. 
• It must be replaced by parliamentary legislation within six months. 
• If ordinance lapses without parliamentary approval, repealed law may be revived. 

Procedural Considerations: 

• Legislative Competence:  
  • Repealing power mirrors law-making power 
  • Subject must fall within appropriate legislative list 
• Documentation Requirements:  
  • Clear identification of law(s) to be repealed 
  • Specification of extent of repeal 
  • Addressing consequential amendments 
• Implementation Process:  
  • Official gazette notification 
  • Update of legal databases 
  • Communication to relevant authorities 

Legal Implications: 

• Upon successful repeal:  
  • Law ceases to have prospective effect 
  • Past actions under repealed law generally remain valid 
  • Pending proceedings may continue if saving clauses exist 
• Transitional Considerations:  
  • May require interim provisions 
  • Might need stakeholder consultation 
  • Could necessitate compensation mech