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1989 Supreme(Cal) 408

K.M.YUSUF
SHYAM SUNDAR GUPTA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ASHIM K.GANGULY, INDRAJIT SEN, J.N.HALDER, N.N.Gupta, NIGAM CHAKRAVARTY, RATHINDRA NATH DAS, SANJIB MISHRA, SHYAMALI GANGULI, SOMEN CHANDRA BOSE, SUSHANTA KUNDU, TARUN K.ROY

K. M. YUSUF, J.

( 1 ) FOR the first time a Constitution Amendment Bill has been challenged in a High Court since the Constitution of India came into force on 26th January, 1950. The Constitution (Sixty-Fourth Amendment) Bill, 1989 (commonly known as the Panchayati Raj Bill) which has since been introduced in the Lok Sabha (the House of the People) has been challenged in a writ application. Apart from the Union of India; the Secretary to the Government of India, Ministry of Law and Justice; and State of West Bengal; the writ petitioner has also made the Speaker of 14 Lok Sabha, the Chairman of the Rajya Sabha, the Prime Minister of India in his official capacity, and Mr. Rajiv Gandhi, Prime Minister of India his personal capacity as the parties-respondents. The writ petitioner is a man of some public importance. He was the Mayor of Calcutta for a term and was also elected to the Lok Sabha once. Naturally, he is interested the political activities and constitutional affairs of the country.

( 2 ) THE writ petitioner's case, in short, is that the Constitution (Sixty-Fourth Amendment) Bill, 1989 (hereinafter referred to as "the Bill") is an ordinary amendment of the Constitution but i























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