JUDGMENT

ORDER dated 9th May, 1980 (Y. V. Chandrachud, CJI. and Gupta, Untwalia and Kailasam, JJ.) :— Sec. 4 of the Constitution (Forty-second Amendment) Act, 1976, which came into force with effect from January 3, 1977 amended Article 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". Article 31C, as amended reads thus :

"31C, Notwithstanding anything contained in Article 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 Article 14, Art. 19 or Article 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."

Section 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) Section 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 Article 368 which read thus :

"(4) No amendment of this Constitution (including the provisions of Part III) made for purporting to have been made under this article (whether before or after the commencement of Section 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".

Section 55 of the Constitution 42nd Amendment Act is beyond the amending power of the Parliament and is void since it removed 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.

2-4. Fuller reasons for the decisions will follow later whereupon, the Writ Petitions will be set down for hearing for consideration of the other points involved therein.*(In this case, the Judges of the SC differ in their views. The Majority view is taken by Chandrchud C. J. and Gupta, Untwalia and Kailasam, JJ. and the minority, by Bhagwati J. The Judgments however are printed in the order in which they are given in the certified copy - Ed.)

BHAGWATI, J. :- 5. The question which arises for determination in these writ petitions is as to whether Section 4 of the Constitution (42nd Amendment) Act of 1976 amending Article 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.

CHANDRACHUD, C. J. dated 31st July, 1980 (For himself and Gupta. Untwalia and Kailasam, JJ.) :- 6. In Kesavanan