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6 (1974) 2 SCC 738.

7 (1983) SCC 147.

8 (1996) 7 SCC 637.

9 (2002) 9 SCC 177.

rdg 01-wp-6458.2021-J.doc Written Submissions dated 4th July 2025 as follows:

i) The UAPA came to force on 30th December 1967. The 44th Amendment Act received assent from the President of India in 1979. According to Mr. Singh, there is no provision in the Constitution of India that says that by only virtue of amendment of Constitution and/or some of its provisions, the law already framed becomes unconstitutional. Once a law is framed, it continues to be in force till it is repealed by the Parliament or declared unconstitutional by a Constitutional Court.

ii) Mr. Singh submitted that, the 44th Amendment Act amended Article 22, but has nowhere amended the Unlawful Activities (Prevention) Act, 1967. Moreover, the UAPA has no nexus with preventive detention. Additionally, the 44th Amendment of the Constitution of India has no bearing on the vires of UAPA.

Thus, the learned ASG urges the Court to dismiss the Petition.

9) ANALYSIS :

9.1) The controversy in the present matter essentially raises questions of contemporary importance touching upon the vires of the UAPA on the ground that firstly, the UAPA is a law of preventive detention; secondly, the 44th Constitutional Amendment Act,1978, amending Article 22 sub-clauses (4) and (7) of the Constitution of India is not notified and consequentially, since the 44 th Amendment, substituting the old sub-clauses (4) and (7) of Article 22, which deal with rdg 01-wp-6458.2021-J.doc provisions of preventive detention, not yet being notified, the UAPA itself cannot exist and thirdly, the UAPA enacted on 30th December 1967 not having expressed a date on which it becomes operable and hence a nullity. Based on submissions made by the parties, the following issues arise for consideration:

10 (1982)1 SCC 271.

rdg 01-wp-6458.2021-J.doc this that the Constitution stood amended in accordance with the terms of the 44th Amendment Act when the President gave his assent to that Act on April 30, 1979. We must then turn to that Act for seeing how and in what manner the Constitution stood thus amended. The 44 th Amendment Act itself prescribes by Section 1(2) a pre- condition which must be satisfied before any of its provisions can come into force. That pre-condition is the issuance by the Central Government of a notification in the official Gazette, appointing the date from which the Act or any particular provision thereof will come Into force, with power to appoint different dates for different provisions. Thus, according to the very terms of the 44 th Amendment, none of its provisions can come into force unless and until the Central Government issues a notification as contemplated by Section 1(2).

46. There is no internal contradiction between the provisions of Article 368(2) and those of Section 1(2) of the 44th Amendment Act. Article 368(2) lays down a rule of general application as to the date from which the Constitution would stand amended in accordance with the Bill assented to by the President. Section 1(2) of the Amendment Act specifies the manner in which that Act or any of its provisions may be brought into force. The distinction is between the Constitution standing amended in accordance with the terms of the Bill assented to by the President and the date of the coming into force of the Amendment thus introduced into the Constitution. For determining the date with effect from which the rdg 01-wp-6458.2021-J.doc Constitution stands amended in accordance with the terms of the Bill, one has to turn to the date on which the President gave, or was obliged to give, his assent to the Amendment. For determining the date with effect from which the Constitution, as amended, came or will come into force, one has to turn to the notification, if any, issued by the Central Government under Section 1(2) of the Amendment Act."