228A. Special provisions as to disposal of question relating to constitutional validity of State Laws
Notwithstanding anything contained in this Constitution, -(a)all proceedings pending in any court immediately before the commencement of the Constitution (Forty-second Amendment) Act, 1976, in so far as they relate to matters specified in the Concurrent List, shall, if they have been stayed by any order of any court, be deemed to have been stayed by the Supreme Court;(b)no court (other than the Supreme Court or a High Court exercising jurisdiction under any law relating to the Armed Forces) shall have any jurisdiction in respect of any such matter as is referred to in clause (a);(c)no appeal or application for revision or review arising out of any judgment, decree or order made by any court in any such proceedings shall be entertained by any court, except the Supreme Court.[Any case pending before a High Court immediately before the commencement of this Act may be dealt with by the High Court as if the said article 228A had been omitted with effect on and from the 1st day of February, 1977.][Rep . by the Constitution (Forty-third Amendment) Act, 1977, section 10, (w.e.f. 13-4-1978)][Editorial comment-The Constitution (Forty-Second Amendment) Act, 1976, A new article 228A was inserted in the Constitution which would give High Courts the authority to "determine all questions as to the constitutional validity of any State law". The amendment's fifty-nine clauses stripped the Supreme Court of many of its powers and moved the political system toward parliamentary sovereignty. The 43rd and 44th Amendments reversed these changes.Also Refer][Editorial comment-The Constitution (Forty-Third Amendment) Act, 1977, Under Article 228(A), a High Court could only declare a State law invalid if the decision was made by a bench of at least five judges. Additionally, a special majority of two-thirds of the bench voted in favor of the motion.Also Refer]
