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Non-justiciability of constitutional amendments asserted; later judicial decision invalidated those clauses, restoring review of parliamentary amendment power. The Constitution (Forty-second Amendment) inserted clauses in Article 368 declaring all constitutional amendments, including to Part III, non-justiciable and asserting that Parliament has no limitation on its constituent power to add, vary or repeal any constitutional provision; those clauses came into force on January 3, 1977 and were later declared void by judicial decision.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Non-justiciability of constitutional amendments asserted; later judicial decision invalidated those clauses, restoring review of parliamentary amendment power.
The Constitution (Forty-second Amendment) inserted clauses in Article 368 declaring all constitutional amendments, including to Part III, non-justiciable and asserting that Parliament has no limitation on its constituent power to add, vary or repeal any constitutional provision; those clauses came into force on January 3, 1977 and were later declared void by judicial decision.
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