lists in the Constitution of
India, before and after the Constitution (42nd Amendment) Act, 1976 and as they
existed in Government of India ... List-II in the Seventh Schedule, prior to the Constitution
(42nd Amendment) Act, 1976 was as follows:-
"Administration of Justice, constitution and organisation
upon the delinquent.
12. Article 311 (2) was amended by the 42nd Amendment of the
Constitution on 3rd January, 1997. Sub-Article (2) of Article ... after
the 42nd Amendment reads as follows:
"311.(2) No such person as aforesaid shall
be dismissed or removed or reduced in rank
except
Managing Director, ECIL v. B. Karunakar to show that even though 42nd amendment had dispensed with the show-cause notice at second stage, but petitioner ... representation on the penalty proposed which is in accordance with the 42nd Amendment. But this stands resolved by now that though this amendment had taken
constitutional amendment made after April 24.
1973 is saved by Article 31C as it stood prior to its amendment by
the 42nd Amendment, the challenge ... premise that Clauses 4 and 5 inserted in
Article 368 by 42nd Amendment were struck down in Minerva Mills
case.
138. The relevance of Indira
enactment of the
Constitution (Forty-second Amendment) Act, 1976 (hereinafter, '42nd
Amendment Act'). The Supreme Court categorically held that
ECIL, Hyderabad
v. B. Karunakar , , the question arose whether after
the 42nd Amendment of the Constitution,
when the inquiry officer was other than a
disciplinary ... penalty
proposed to be levied had been taken away by
the 42nd Amendment, therefore, there was no
necessity to give to the delinquent a copy
flux in the legal position created by
passing of the 42nd Amendment Act, 1976 amending Article 311 of the
Constitution of India, the ratio ... available to
him to defend himself against the charges, before the 42nd
Amendment of the Constitution, the stage at which the said
opportunity became available
Arts. 323A and 323B were inserted in the Constitution by the 42nd Amendment Act, 1976. These two Articles are in Part XIVA entitled "Tribunals
List in the Seventh Schedule (now since omitted by the Constitution 42nd Amendment Act, 1976, and brought in the Concurrent List Entry 17B) relating
Constitution of India, as it existed prior to the 42nd Amendment to the Constitution of India. In view of Art. 227 of the Constitution having
