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Y. V. CHANDRACHUD, P. N. BHAGWATI, A. C. GUPTA, S. MURTAZA FAZL ALI, AMARENDRA NATH SEN
R. K. Karanjia – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Bhagwati, J. (Majority view):-These writ petitions raise a common question of law relating to the constitutional validity of the Special Bearer Bonds (Immunities and Exemptions) Ordinance, 1981 (herein- after referred to as the Ordinance) and Special Bearer Bonds (Immunities and Exemptions) Act, 1981 (hereinafter referred to as the Act). The principal ground on which the constitutional validity of the Ordinance and the Act is challenged is that they are violative of the equality clause contained in Article 14 of the Constitution. There is also one other ground on which the Ordinance is assailed as constitutionally invalid and it is that the President had no power under Article 123 of the Constitution to issue the Ordinance and the Ordinance is therefore ultra vires and void. We shall first deal with the latter ground since it can be disposed of briefly, but before we do so, it would be convenient to refer to the relevant provisions of the Act. It is not necessary to make any specific reference to the provisions of the Ordinance since the provisions of the Act are substantially a reproduction of the provisions of the Ordinance.
2. On 12th Jan., 1981, both Houses of Parliame
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