A D C GURUSAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. A. D. C. Gurusamy, the petitioner in person. He has filed this writ petition with the following prayers.

(2.) THE prayer No. (a) is, on the face of it, untenable and therefore does not require any serious consideration. Even though all efforts are expected to be made to fill-up all the vacancies, merely because there are vacancies in any High Court, including the Madras High Court, yet to be filled-up, the same cannot be a ground for issuing a direction that such High Court shall not function till the sanctioned strength of the Judges are filled-up. Therefore, such contention deserves to be rejected outright.

(3.) MORE serious prayer is contained in prayer No. (b ). The petitioner is challenging the validity of the Seventh Constitution Amendment Act, 1956. More particularly he challenges the provisions contained in Sections 11, 12 and 15 of such Constitution Amendment Act. The main contention is to the effect that the said amendment of the Constitution contravenes the basic structure of the Constitution and therefore such amendment should be declared ultra vires by following the ratio of the decision of the Supreme Court in Kesavananda vs. State of Kerala, reported in AIR 1973 SC 1461.