43rd Amendment in Constitution of India

THE CONSTITUTION (FORTY-THIRD AMENDMENT)

43rd Amendment in Constitution of India

Statement of Objects and Reasons appended  to  the  Constitution (Forty-fourth  Amendment) Bill, 1977 (Bill No.  148 of 1977) which was enacted as THE CONSTITUTION (Forty-third Amendment) Act, 1977

                   STATEMENT OF OBJECTS AND REASONS

The  Constitution (Forty-second Amendment) Act, 1976, inserted various rticles in the Constitution to curtail, both directly and indirectly, the  jurisdiction  of the Supreme Court and the High Courts to  review the  constitutionality of laws.  Article 32A barred the Supreme  Court from  considering  the  constitutional validity of any  State   law  in proceedings  for  the  enforcement of fundamental  rights  unless   the constitutional  validity of any Central law was also in issue in  such proceedings.   Article  131A  gave  to  the  Supreme   Court  exclusive jurisdiction  to  decide the constitutional validity of a Central  law and  thus deprived the High Courts of their jurisdiction in respect of the  same.  Article 144A provided that the minimum number of Judges of the  Supreme  Court who shall sit for the purpose of  determining  the constitutional validity of any Central law or State law shall be seven and  required a special majority of two-thirds for the invalidation of such  law.   Article  226A barred the High Courts  from   deciding  the validity  of  any  Central law and article 228A  required  that   there should  be  a  Bench  of  at least five  Judges  for   determining  the constitutional  validity  of  any State law and prescribed  a   special majority for a judgment invalidating such a law.

2.   It is considered that articles 32A, 131A and 228A cause, hardship to  persons  living in distant parts in India.  Further,  article   32A would  lead  to multiplicity of proceedings as cases relating  to  the validity  of  a  State law which could be disposed of by  the   Supreme Court  itself  have to be heard first by the High Court.  The  minimum number  of Judges in every case wherein the constitutional validity of a  law  is  involved, however unsubstantial the  challenge  might   be, results  in valuable judicial time being lost in hearing and rejecting submissions  that  have no substance.  The Supreme Court has, in  M/s. Misrilal  Jain vs.  the State of Orissa and Others (AIR 1977 SC  1686) expressed the hope that article 144A would engage the prompt attention of  Parliament and would be amended so as to leave to the court itself the  duty  to  decide how large a Bench should decide  any   particular case.   In  fact, a number of cases have been held up in  the   Supreme Court and High Courts as a result of the aforementioned articles.

3.   It is, therefore, proposed to omit articles 32A, 131A, 144A, 226A and  228A.   It is also proposed to make special provisions to  enable the  Supreme  Court and the High Courts to deal with pending cases  in the  same manner as if the said articles had been omitted with  effect from  the  1st February, 1977 (viz., the date on which those  articles were  brought  into  force).  Necessary  consequential   amendments  to articles 145, 228 and 366 are also proposed to be made.

4.   Article 31D confers special power on Parliament to enact  certain laws  in  respect of anti-national activities.  It is considered  that these powers of Parliament to make laws for dealing with anti-national activities and anti-national associations are of a sweeping nature and are capable of abuse.  It is, therefore, proposed to omit article 31D.

5. The Bill seeks to achieve the above objects.


NEW DELHI;                                       SHANTI BHUSHAN.

The 12th December, 1977.
43rd Amendment in Constitution of India

43rd Amendment inIndia Constitution / Constitution of India

THE CONSTITUTION (FORTY-THIRD AMENDMENT) ACT, 1977

                                        [13th April, 1978.]

        An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows:-

1.  Short title.-This Act may be called the Constitution (Forty-third Amendment) Act, 1977.

2.  Omission of article 31D.- Article 31D of the Constitution shall be omitted.

3.  Omission of article 32A.-(1) Article 32A of the Constitution shall be omitted.

(2)  Any proceedings pending before the Supreme Court under article 32 of  the  Constitution immediately before the commencement of this  Act may  be dealt with by the Supreme Court as if the said article 32A had been omitted with effect on and from the 1st day of February, 1977.

4.   Omission  of article 131A.-(1) Article 131A of  the  Constitution shall be omitted.

(2)  Notwithstanding  anything  contained in  sub-section  (1),  where immediately  before the commencement of this Act any reference made by a High Court under the said article 131A is pending before the Supreme Court, the Supreme Court may, having regard to-

(a) the stage at which the reference is so pending;   and

(b) the ends of justice,

either  deal with the case as if that article had not been omitted  or return  the case of the High Court for disposal as if that article had been omitted with effect on and from the 1st day of February, 1977.

5.   Omission  of article 144A.-(1) Article 144A of  the  Constitution shall be omitted.

(2)  Any case pending before the Supreme Court immediately before  the commencement  of this Act may be dealt with by the Supreme Court as if the said article 144A had been omitted with effect on and from the 1st day of February, 1977.

6.  Amendment of article 145.-In article 145 of the Constitution,-

(a)  in  clause  (1), in sub-clause (cc), for the words,  figures  and letters  "articles  131A  and  139A", the  word,   figures  and  letter "article 139A" shall be substituted;

(b) in clause (2), the words, figures and letter "article 144A and of" shall be omitted;

(c)  in  clause  (3), the words, figures and letter  "Subject  to  the provisions of article 144A," shall be omitted.

7.   Amendment of article 226.-In article 226 of the Constitution,  in clause  (1),  the  words,  figures and letters  "but   subject  to  the provisions of article 131A and article 226A" shall be omitted.

8.   Omission  of article 226A.-(1) Article 226A of  the  Constitution shall be omitted.

(2)  Any proceedings pending before a High Court under article 226  of the  Constitution immediately before the commencement of this Act  may be  dealt with by the High Court as if the said article 226A had  been omitted with effect on and from the 1st day of February, 1977.

9.   Amendment of article 228.-In article 228 of the Constitution,  in the  opening portion, the words, figures and letter ", subject to  the provisions of article 131A," shall be omitted.

10.   Omission  of article 228A.-(1) Article 228A of the  Constitution shall be omitted.

(2)  Any  case  pending  before a High Court  immediately  before  the commencement of this Act may be dealt with by the High Court as if the said article 228A had been omitted with effect on and from the 1st day of February, 1977.

11.   Amendment  of article 366.-In article 366 of  the  Constitution, clause (4A) and clause (26A) shall be omitted.


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