VOICE CONSUMER CARE COUNCIL Vs. UNION OF INDIA

JUDGEMENT

(1.) (N.K. JAIN, ACTING CHIEF JUSTICE) This Public Interest Litigation petition has been filed by VOICE Consumer Care Council, represented by its Founder Trustee, praying to issue a writ of declaration, declaring Article 217(3) of the Constitution of India as amended by Constitution 15th Amendment as unconstitutional, violative of basic structure, inconsistent with Articles 124 (4) and 217(1) of the Constitution of India, and the President cannot exercise the discretion under Article 124 (2A).

(2.) OFFICE has pointed out some objections regarding the question of maintainability as to how the P.I.L. petition is maintainable. On the endorsement of the learned counsel, the matter is posted before this Court for deciding the question of maintainability.

(3.) IN this context I am unable to share the view that the validity of Article 217(3) of the Constitution of INdia cannot be challenged. It is a provision inserted by the 15th Amendment and therefore, cannot be considered to be an original provision of the Constitution immune from challenge. Nor can its retrospective application elevate and equate it to be treated as part and parcel of the basic structure of the Constitution. More so, if the Amendment is found to result in affecting the basic structure. Therefore, I hold that the provision is open to challenge subject to the petitioner making out a proper case against its validity.