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2010 Supreme(SC) 629
(2010) 13 SCC 752
IN THE SUPREME COURT OF INDIA
S. H. Kapadia, CJI., K. S. Panicker Radhakrishnan and Swatanter Kumar, JJ.
Musamiya Imam Haiderbux Rizvi – Appellants
Vs.
State of Gujarat and Anr. – Respondent
Civil Appeal Nos. 6045 and 6046 of 2002
Decided On: 27.07.2010
Headnote:Constitution of India – Ninth Schedule – Constitution (Sixty-sixth Amendment) Act, 1990 – Inserting Gujarat Devasthan Inams Abolition Act, 1969 and Gujarat Devasthan Inams Abolition (Amendment) Act, 1977 in the Ninth Schedule – Validity of – Amendment Act, 1990 held not violative of basic structure of the Constitution, hence valid. (Para 2)
(2007) 2 SCC 1 – Relied upon
Facts of the case:
Constitutional validity of the Constitution (Sixty-sixth Amendment) Act, 1990 is in question in this case.
Finding of the Court:
Amendment Act, 1990 is valid.
Result:
Appeals disposed of.
ORDER
1. Heard learned Counsel on both sides.
2. Having considered the matter at length, we are of the view that Constitution (Sixty-sixth Amendment) Act, 1990, [for short, `1990 Act'] is not violative of the basic structure of the Constitution. In this connection, we have examined the test propounded by I.R. Coelho (Dead) by Lrs. v. State of Tamil Nadu, reported in: 2007 (2) SCC 1. Having regard to the tests laid down by that judgment, we uphold the constitutional validity of 1990 Act, insofar as it inserts Gujarat Devasthan Inams Abolition Act, 1969 [for short, `1969 Act'] and Gujarat Devasthan Inams Abolition (Amendment) Act, 1977, in the Ninth Schedule of the Constitution. Before concluding, we may mention that certain proceedings are pending before the Collector, Ahmedabad, which is the competent Authority under 1969 Act. The competent Authority [Collector] will decide expeditiously the pending claim of the appellant(s) on merits and in accordance with law. We express no opinion on the merits of the claim and on that aspect all contentions on both sides are kept open.
3. The civil appeals are, accordingly, disposed of.
4. No order as to costs.
