SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1980 Supreme(Ker) 96

D.Y.CHANDRACHUD, BHAGWATI, DAS GUPTA, UNTWALIA, KAILASAM
MINERVA MILLS LTD. AND OTHERS – Appellant
Versus
UNION OF INDIA – Respondent


Judgment :-

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







Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top