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VII.What shall be the order as to reliefs and costs?

Issue No.II: Whether section 99 in Chapter VI of the 1988 Act is insulated from challenge as to its constitutional validity because  Chapter IV A of the 1939 Act was included in Ninth Schedule relatable to Article 31B of the Constitution:

10.Article 31B is a constitutional device to place the statutes included in the Ninth Schedule beyond challenge on any ground referable to Part III of the Constitution. It is a protective covenant to insulate the enumerated statutes from being attacked as inconsistent with, or amounting to abridgment of, any of the rights conferred under Part III of the Constitution. So much so, the provisions thereof have to be strictly construed; particularly because, it is a constitutional sanction in derogation of the other provisions of Part III of the Constitution; however without affecting the basic structure of the Constitution, but sub-serving the constitutional purpose. The substance of Article 31B can be deduced as stated herein. It validates certain Acts and Regulations, without prejudice to the generality of the protective covenants in Article 31A. None of the Acts and Regulations specified in the Ninth Schedule or the provisions  thereof would be invalid on any ground referable to Part III of the Constitution, notwithstanding any judicial decision to the contrary. This is again subject to the power of the competent Legislature to repeal or amend any such provision. Remember here; the net effect of Article 31B is an abridgment of the fundamental right of every citizen in terms of Part III of the Constitution, to the limited extent of that constitutional provision as contained in Article 31B. That Article specifically guards the power of any competent Legislature to repeal or amend any Act or Regulation brought under the canopy of Article 31B by its inclusion in the Ninth Schedule. The power of the competent Legislature to amend any such legislation does not carry with it the constitutional insulation, in terms of Article 31B and the Ninth Schedule, to any provision so included by amendment. The effect of Article 31B and the Ninth Schedule includes the inevitable consequence, deducible from the last clause of Article 31B, that if the competent Legislature amends any of the provisions of an Act included in the Ninth Schedule, those amended  provisions would not receive the protection of Article 31B and the validity of such amendments are liable to be examined on the merits without reference to Article 31B. See for support: