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1964 Supreme(SC) 279

RAGHUBAR DAYAL, J. R. MUDHOLKAR, K. N. WANCHOO, M. HIDAYATULLAH, P. B. GAJENDRAGADKAR
Sajjan Singh: Harnam Singh, Brij Mohan Lal: R. Krishnaswamy Gounder, K. Rajagopal, Rao Abhay Singh – Appellant
Versus
State Of Rajasthan: State Of Punjab: Union Of India – Respondent


Advocates:
A.K.NAG, B.K.Khanna, C.K.DAFTARY, DIPAK DATTA CHAUDHURI, G.C.KASLIVAL, G.S.PATHAK, J.B.DADACHAN, K.K.JAIN

Judgment

GAJENDHAGADKAR, C.J.I. (On behalf of himself, K. N. Wanchoo and Raghubar Dayal, JJ.) : These six writ petitions which have been filed Art. 32 of the Constitution, seek to challenge the validity of the Constitution (17th Amendment) Act, 1964. The petitioners are affected by one or the other of the Acts added to the 9th Schedule by the impugned Act, and their contention is that the impugned Act being constitutionally invalid, the validity of the Acts by which they are affected cannot be saved. Some other parties who are similarly affected by other Acts added to the 9th Schedule by the impugned Act, have intervened at the hearing of these writ petitions, and they have joined the petitioners in contending that the impugned Act is invalid. The points raised in the present proceedings have been elaborately argued before us by Mr. Setalvad and Mr. Pathak for the interveners and Mr. Mani for the petitioners. We have also heard the Attorney-General in reply.

2. The impugned Act consists of three sections. The first section gives its short title. Section 2(i) adds a proviso to cl. (1) of Art. 31A after the existing proviso. This proviso reads thus:

"Provided further that where any law






































































































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