LAWS(SC)-1991-11-24

KIHOTA HOLLOHON Vs. ZACHILLHU

Decided On November 12, 1991
Kihota Hollohon Appellant
V/S
ZACHILLHU Respondents

JUDGEMENT

(1.) THE writ petitions, transfer petitions, civil appeals, special leave petitions, and other connected matters raising common questions as to the constitutional validity of the Constitution (Fifty-second Amendment) Act, 1985, insofar as it seeks to introduce the Tenth Schedule in the Constitution of India, were heard together. Some of these matters involve investigation and determination of factual controversies and of the extent of applicability to them of the conclusions reached on the various constitutional issues. That exercise shall have to be undertaken in the individual cases separately

(2.) THE present judgment is pronounced in the Transfer Petition No. 40 of 1991 seeking the transfer of the writ petition, Rule NO. 2421 of 1990 on the file of the High Court of Guwahati to this Court

(3.) FOR the reasons to be set out in the detailed judgment to follow, the following are the operative conclusions in the majority opinion on the various constitutional issues