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TMI Blog1980 (5) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... .V. ,Bhagwati, P. N. ,Krishnaiyer, V. R. , Tulzapurkar, V. D. And Sen, A. P. ,JJ. M. N. Phadke, N. M. Ghatate (Dr.), S. N. Bapat and S. V. Deshpande, M. S. Gupta. JUDGMENT The following Order was delivered on 9th May, 1980. (1) The Constitution (First Amendment) Act, 1951 which introduced Article 31A into the Constitution with retrospective effect, and section 3 of the Constitution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force. In Kesavananda Bharati (1973, Suppl. SCR 1) decided on April 24, 1973 it was held by the majority that Parl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We do not pronounce upon the validity of such subsequent constitutional amendments except to say that if any Act or Regulation included in the 9th Schedule by a constitutional amendment made after April 24, 1973 is saved by Article 31A, or by Article 31C as it stood prior to its amendment by the 42nd Amendment, the challenge to the validity of the relevant Constitutional Amendment by which that Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n these matters will stand vacated. We quantify the costs at Rs. five thousand which will be borne equally by the petitioners in Writ Petitions Nos. 656-660 of 1977; 512-533 of 1977; and 503 to 511 of 1977. The costs will be payable to the Union of India and the State of Maharashtra in equal measure. (5) Writ Petition No. 63 of 1977 (Baburao Samant vs. Union of India) will be set down for heari ..... X X X X Extracts X X X X X X X X Extracts X X X X
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