JUDGMENT :

L.M. Sharma and J.S. Verma, JJ.

1. For the reasons to be given in our detailed judgment to follow, our operative conclusions in the minority opinion on the various constitutional issues are as follows:

(1) Para 7 of the Tenth Schedule, in clear terms and in effect excludes the jurisdiction of all courts, including the Supreme Court under Article 136 and the High Courts under Articles 226 and 227 to entertain any challenge to the decision under para 6 on any ground even of illegality or perversity, not only at an interim stage but also after the final decision on the question of disqualification on the ground of defection.

(2) Para 7 of the Tenth Schedule, therefore, in terms and in effect, makes a change in Article 136 in Chapter IV of Part V; and Articles 226 and 227 in Chapter V of Part VI of the Constitution, attracting the proviso to clause (2) of Article 368.

(3) In view of para 7 in the Bill resulting in the Constitution (Fifty-second Amendment) Act, 1985 it was required to be ratified by the legislatures of not less than one-half of the States as a condition precedent before the Bill could be presented to the President for assent, in accordance with the mandatory spec