RAJENDRA N SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this Public Interest Litigation, the writ-petitioner has prayed for quashing of the Constitution [97th amendment] Act, 2011 introducing part IXB, as ultra vires the Constitution of India.

(2.) The case made out by the writ-petitioner is that the Constitution [97th amendment] Act, 2011 was passed by the Lok Sabha on 22nd December 2011 and the same was passed by the Rajya Sabha on 28th December 2011. The President of India bestowed assent to that amendment on 12th January 2012 and the said notification was published in the gazette of India of 13th January 2012 and the amendment came into force on 15th February 2012.

(3.) This Court issued notices upon the parties including the learned Attorney General of India, and in response to the notice, Mr. Champaneri, the learned Assistant Solicitor General of India, has appeared. The submissions of the Union of India may be summarized thus: