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1980 (5) TMI 99 - SC - Indian Laws


Issues: Validity of constitutional amendments, Article 31A and 31B, Article 31C, Writ Petitions on Maharashtra Agricultural Lands Ceiling Acts

The judgment delivered by the Supreme Court addressed several key issues. Firstly, it upheld the validity of the Constitution (First Amendment) Act, 1951 and the Constitution (Fourth Amendment) Act, 1955, stating that they did not damage the basic structure of the Constitution. The introduction of Article 31A and section 3 of the Fourth Amendment Act were deemed constitutional exercises of Parliament's constituent power. Secondly, the Court analyzed Article 31B, introduced by the First Amendment Act, which provides protection to Acts and Regulations listed in the Ninth Schedule from being deemed void. The judgment clarified that amendments made to the Constitution before April 24, 1973, amending the Ninth Schedule, were valid. However, post-April 24, 1973, amendments to the Ninth Schedule were deemed challengeable if they impacted the basic structure of the Constitution. The Court did not rule on the validity of subsequent amendments but noted that if an Act or Regulation saved by Article 31A or 31C is included in the Ninth Schedule, challenges to the constitutional amendments would be irrelevant. Thirdly, the judgment examined Article 31C, pre-amendment by the 42nd Amendment Act, 1976, and affirmed its validity in line with the Kesavananda Bharati case. It was held that Article 31C did not harm the essential features of the Constitution. Lastly, the Court dismissed all Writ Petitions and Review Petitions concerning the Maharashtra Agricultural Lands Ceiling Acts, imposing costs on the petitioners. Writ Petition No. 63 of 1977 was scheduled for a hearing, and detailed reasons for the order were to be provided subsequently.

 

 

 

 

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