The court emphasized the need for a reasoned judgment on the constitutionality of a constitutional amendment, deferring the final decision due to the grave and momentous consequences involved.

1. S.4 of the Constitution (Forty-second Amendment) Act, 1976, which came into force with effect from January 3, 1977 amended Art.31C of the Constitution by substituting the words and figures "all or any of the principles laid down in Part IV" for the words and figures "the principles specified in clause (b) or clause (c) of Art.39". Art.31C, as amended reads thus:

"31C. Notwithstanding anything contained in Art.13, no law giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by Art.14, Art.19 or Art.31; and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy:

Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent."

S. 4 of the Constitution 42nd Amendment Act is beyond the amending power of the Parliament and is void since it damages the basic or essential features of the Constitution and destroys its basic structure by a total exclusion of challenge to any law on the ground that it is inconsistent with or takes away or abridges any of the rights conferred by Art.14 or Art.19 of the Constitution, if the law is for giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV of the Constitution.

2. S.55 of the Constitution (Forty-second Amendment) Act, 1976, which came into force with effect from January 3, 1977 inserted sub-sections (4) and (5) in Art.368 which read thus:

"(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article (whether before or after the commencement of S.55 of the Constitution (Forty-second Amendment) Act, 1976) shall be called in question in any court on any ground.

(5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article".

S. 55 of the Constitution 42nd Amendment Act is beyond the amending power of the Parliament and is void since it removes all limitations on the power of the Parliament to amend the Constitution and confers power upon it to amend the Constitution so as to damage or destroy its basic or essential features or its basic structure.

Fuller reasons for the decision will follow later whereupon, the Writ Petitions will be set down for hearing for consideration of the other points involved therein.

Bhagwati J.: The question which arises for determination in these writ petitions is as to whether S.4 of the Constitution (42 Amendment) Act of 1976 amending Art.31C of the Constitution is constitutionally valid. I cannot persuade myself to pass an order pronouncing upon this question without a reasoned judgment, since the question is one of grave and momentous consequence involving, as it does, the validity of a

constitutional amendment. I would, therefore, prefer to pass a final order in this case when I deliver my reasoned judgment on the reopening of the court after the summer vacation.