SAJJAN SINGH HARNAM SINGH PRITHVI SINGH BRIJ MOHAN LAL R KRISHNASWAMY GOUNDER K RAJAGOPAL Vs. STATE OF RAJASTHAN STATE OF PUNJAB UNION OF INDIA

JUDGEMENT

(1.) These six writ petitions which have been filed Art. 32 of the Constitution, seek to challenge the validity of the Constitution (17th Amendment) Act, 1964. The petitioners are affected by one or the other of the Acts added to the 9th Schedule by the impugned Act, and their contention is that the impugned Act being constitutionally invalid, the validity of the Acts by which they are affected cannot be saved. Some other parties who are similarly affected by other Acts added to the 9th Schedule by the impugned Act, have intervened at the hearing of these writ petitions, and they have joined the petitioners in contending that the impugned Act is invalid. The points raised in the present proceedings have been elaborately argued before us by Mr. Setalvad and Mr. Pathak for the interveners and Mr. Mani for the petitioners. We have also heard the Attorney-General in reply.

(2.) The impugned Act consists of three sections. The first section gives its short title. Section 2(i) adds a proviso to cl. (1) of Art. 31A after the existing proviso. This proviso reads thus:

(3.) In dealing with the question about the validity of the impugned Act, it is necessary to consider the scope and effect of the provisions contained in Art: 368 of the Constitution, because a large part of the controversy in the present writ petitions turns upon the decision of the question as to what the true scope and effect of Art. 368 is. Let us read Art. 368: