1980 (5) TMI 99

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.... 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 (Fourth Amendment) Act, 1955 which substituted a new clause (1), sub-clauses (a) to (e), for the original clause (1) with retrospective effect, do not damage any....

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....he 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 Parliament has no power to amend the Constitution so as to damage or destroy its basic or essential features or its basic structure. We hold that all amendments to the ....

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....stitutional 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 Act or Regulation is put in the 9th Schedule, on the ground that the Amendment damages or destroys a basic or essential feature of the Constitution or its basic struc....