LAWS(SC)-1978-12-8

PRESIDENT OF INDIA Vs. SPECIAL COURTS BILL 1978

Decided On December 01, 1978
PRESIDENT OF INDIA Appellant
V/S
IN RE THE SPECIAL courtS BILL.1978 Respondents

JUDGEMENT

(1.) On 1/08/1978, the President of India made a reference to this court under Article 143 (1) of the Constitution for consideration of the question whether the "special courts Bill, 1978" or any of its provisions, if enacted, would be constitutionally invalid. The full text of the reference is as follows:

(2.) Annexed to the order of reference is a copy of the Bill which runs thus:

(3.) After receipt of the reference on August I, a notice was issued to the Attorney-General on the 2nd to appear before the court on the 4th for taking directions in the matter. On August 4, upon hearing the Attorney-General the court directed, inter alia, that- (1) notice of the reference be given to the Union of India and the Advocates General of the States requiring them to submit their written briefs before 4/09/1978; (2) notices be published in five newspapers at Bombay, New Delhi, Calcutta, Madras and Bangalore inviting all persons likely to be affected by the passage of the Bill to apply for permission to appear or intervene in the proceedings ; (3) interveners will be permitted to submit their written arguments but will not be entitled to be heard orally unless the court considers it fit and proper to do so; (4) parties concerned shall appear before the court on August 21 for taking further directions; and (5) that the hearing of the reference will commence on 11/09/1978 subject to the reasonable convenience of all concerned.