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2013 Supreme(AP) 850

KALYAN JYOTI SENGUPTA, K.C.BHANU
P. V. Krishnaiah – Appellant
Versus
Union of India, Rep. by its Cabinet Secretary, New Delhi – Respondent


Advocates appeared:
For the Petitioner:P.V. Krishnaiah, Advocate.
For the Respondents: R1 to R3, Ponnam Ashok Goud, Assistant Solicitor General, R4, G.P. for G.A. D. R5 to R15, None.

Judgment :

Kalyan Jyoti Sengupta, J.

This public interest litigation has been filed for the following reliefs:

“…this Hon’ble Court may be pleased to issue a writ, order or direction in the nature of Mandamus or otherwise declaring (1) that Article 3 of the Constitution of India is violating the basic structure and preamble of the Constitution of India apart from inconsistent with other provisions of the Constitution of India, particularly Part 3 of the Constitution of India and quash and set aside the same or alternatively declare the Constitutional (V Amendment) Act, 1955 insofar as it relates to not ascertaining the views from the State Legislature pertaining to provisions proposed in the draft bill sent to the State Assembly in pursuance of recommendation made by the President as well as prescribing time to express views pertaining to proposed bill as well as provision of bill is concerned as violating the basic structure and preamble of the Constitution of India and against the democratic and federal principles envisaged in the Constitution of India and quash and set aside the same; (2) restrain the Union of India from initiating any action in pursuance of Article 3 of the Co



































































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