Divan, C. J. :- In these two matters where before the Division Bench consisting of J.B. Mehta and P.D. Desai JJ. certain common questions of law regarding the validity and extent of operation of S.5-A of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, hereinafter referred to as 'the COFEPOSA Act) arose, the Division Bench felt that fundamental questions of widest amplitude had been raised in order to challenge the vires of Section 5-A and so the Division Bench decided that in view of the importance of the matter, the following two questions should be referred to a larger Bench.

(1) Whether Section 5-A of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 is retroactive so as to apply to orders of detention passed on or before July 1, 1975 ?

(2) If so, whether it is ultra vires, either because it impinges upon the power of judicial review and impairs the jurisdiction of the High Court under Article 226 of the Constitution; or it encroaches upon or interferes with the judicial power and arrogates to the Legislature the judicial functions contrary to the scheme of our Constitution ?"

2. In order to apprecia