Judgment

SABYASACHI MUKHARJI, J.:- I agree with Brother Venkatachaliah, that the contentions urged on behalf of the petitioner in support of the challenge to the impugned legislations must fail and the writ petitions must be dismissed. I would, however, like to express my views only on one aspect of the matter, which is common to this case as well as the writ petition No. 458/ 72, civil appeal No. 4113,185 and writ petition No. 5(N)/ 74, i.e. the scope of judicial review of legislation whether there is declaration in the legislation under Art. 31C of the Constitution.

2. In these writ petitions we are concerned with two legislations, namely, the Indian Electricity (Assam Amendment Act, 1973, (Assam Act IX of 1973), and the Tinsukhia & Dibrugarh Electric Supply Undertakings (Acquisition) Act, 1973 (Act X of 1973). The main point which is significant in these writ petitions, is the extent and scope of judicial review of legislation where there is declaration under Art. 31 C of the Constitution which enjoins that no law giving effect to the policy of the State towards securing all or any of the principles laid down, inter alia, namely, Arts. 38, 39, 39A, 40, 41, 42, 43A, 44 to 48, 48A a