Court caseAIR 1951 SC 128

In September 1949 Keshavan Madhava Menon, secretary of the People's Publishing House, published a pamphlet 'Railway Mazdoor Ke Khilaf Nai Sazish' without the authority required by the Indian Press (Emergency Powers) Act 1931. He was prosecuted. While the case was pending the Constitution came into force. He contended that the 1931 Act was inconsistent with Article 19(1)(a), had become void under Article 13(1), and that the prosecution could not continue.

The majority held that Article 13(1) is prospective. Fundamental rights came into existence only on 26 January 1950; the word 'void' in Article 13(1) means that the inconsistent law becomes void from that date and to the extent of inconsistency, but it does not render the law void ab initio or obliterate acts done under it while it was valid. There is no fundamental right that one shall not be prosecuted for a past offence. The pending prosecution could therefore continue. Fazl Ali and Mahajan JJ dissented, holding that the effect of 'void' was to prevent the continuation of proceedings.