declaration of unconstitutionality renders a law to be non est, void ab initio or unenforceable,

It is settled proposition that declaration of
unconstitutionality renders a law to be non est,
void ab initio or unenforceable, as the case may
be, subject to the legislature to cure the basis of
the said unconstitutionality. Reliance was
placed upon the following judgments of this
Court in his context:
(1) Keshavan Madhava Menon Vs.
The State of Bombay14;
(2) Behram Khurshed Pesikaka Vs.
The State of Bombay15;
(3) M.P.V. Sundararamier and Co.
Vs. The State of Andhra Pradesh &
Another16;
(4) Deep Chand Vs. The State of
Uttar Pradesh and Others17;
(5) Mahendra Lal Jaini Vs. The
State of Uttar Pradesh and
Others18;
(6) Municipal Committee, Amritsar
14 1951 SCR 228
15 (1955) 1 SCR 613
16 1958 SCR 1422
17 1959 SCR Suppl. (2) 8
18 AIR 1963 SC 1019
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and others Vs. State of Punjab and
Others19;
(7) The State of Manipur & Ors. Vs.
Surjakumar Okram & Ors.20;
10.10. The common opinion culled out from the
various opinions rendered in the above
judgments is that such declaration makes the
law unenforceable and such unenforceability
relates back. It was, thus, submitted that
judgment in the case of Subramanian Swamy
(supra) relates back to the point when Section
6A was inserted in the DSPE Ac