BADAR DURREZ AHMED, VEENA BIRBAL
Har Naraini Devi – Appellant
Versus
Union of India – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The judgment affirms that enactments included in the Ninth Schedule prior to 24.04.1973 are protected under Article 31B of the Constitution and cannot be challenged, even if they potentially discriminate on the basis of gender (!) (!) .
The case involved a challenge to Section 50(a) of the Delhi Land Reforms Act, 1954, which governs the devolution of bhumidhari interest, particularly favoring male descendants and excluding female descendants from inheritance rights (!) (!) .
The petitioners argued that Section 50(a) violates fundamental rights under Articles 14, 15, and 21 of the Constitution, asserting that it discriminates on the grounds of sex and is therefore unconstitutional (!) (!) .
The respondents contended that because the Act was placed in the Ninth Schedule before 24.04.1973, it is immune from challenge under Article 31B, and thus the petition is not maintainable (!) (!) .
The court clarified that laws included in the Ninth Schedule prior to the critical date are protected from judicial review, and such protection extends to laws enacted before 1973, provided they were included in the Ninth Schedule earlier (!) (!) .
The court emphasized that amendments or laws placed in the Ninth Schedule after 24.04.1973 are subject to challenge if they violate the basic structure of the Constitution, especially if they infringe upon fundamental rights or principles like equality and right to life (!) (!) (!) .
The decision underscored the importance of the basic structure doctrine, which limits Parliament’s power to amend the Constitution in a way that damages its essential features, including fundamental rights and judicial review (!) (!) (!) .
The court acknowledged the gender-based discrimination inherent in Section 50(a) but held that, based on the protection granted by Article 31B for laws included in the Ninth Schedule prior to 24.04.1973, the challenge to such laws is not permissible (!) .
Ultimately, the court dismissed the writ petition, reaffirming that laws placed in the Ninth Schedule before the specified date are immune from judicial review, and legislative remedies are recommended to address issues of inequality (!) (!) .
The judgment highlights the constitutional balance between protecting fundamental rights, respecting the sovereignty of the legislature, and the role of judicial review within the limits set by the doctrine of basic structure.
Badar Durrez Ahmed, J.
1. Through this writ petition, the petitioners seek that Clause (a) of Section 50 of the Delhi Land Reforms Act, 1954 (hereinafter referred to as the said Act), be declared unconstitutional, allegedly being ultravires Articles 14, 15 and 21 of the Constitution of India.
2. The petitioners herein are the widow and daughter of Late Shri Ishwar Singh (died in 1985) s/o Late Shri Mukhtiar Singh (died on 6.6.97). Late Shri Ishwar Singh also had two sons, who are Respondent Nos. 3 and 4.
3. Late Shri Mukhtiar Singh was the bhumidhar in respect of certain lands which were governed by the said Act. As per the provisions of Section 50 of the said Act, on his death, his bhumidhari interest in the said holdings devolved upon his grandsons, Respondent Nos. 3 and 4. Section 50 of the said Act is reproduced hereunder:
50. General order of succession from males. - Subject to the provisions of Section 48 and 52, when a Bhumidhar or Asami being a male dies, his interest in his holding shall devolve in accordance with the order of the succession given below:
(a) Male lineal descendants in the male line of the descent:
Provided that no member of this class shall inheri
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