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1980 Supreme(SC) 277

A.P.SEN, P.N.BHAGWATI, V.D.TULZAPURKAR, V.R.KRISHNA IYER, Y.V.CHANDRACHUD
Waman Rao: Hanmantrao: Chandra Shekar: Vithalrao: Baburao Alias P. B. Samant – Appellant
Versus
Union Of India: Union Of India: Union Of India: State Of Maharashtra: Union Of India – Respondent


( 1 ) THE Constitution (First Amendment) Act, 1951 which introduced article 31-A into the Constitution with retrospective effect, and S. 3 of the Constitution (Fourth Amendment) Act, 1955 which substituted a new clause (1), sub-clauses (a) to (c), for the original clause (1) with retrospective effect, do not damage any of the basic or essential features of the Constitution or its basic structure and are valid and constitutional, being within the constituent power of the Parliament.

( 2 ) S. 5 of the Constitution (First Amendment) Act, 1951 introduced Article 31-B into the Constitution which reads thus :

31-B. Without prejudice to the generality of the provisions contained in Article 31-A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and not withstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent legislatu




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