mandamus to the Central Government to bring into force the Constitution (44th Amendment) Act. Chandrachud, C.J., who spoke for the majority of the Bench ... question as regards the time for bringing the provisions of the 44th Amendment into force, it is not for the Court to compel the Government
came into force on
29.10.19748 much before the 44th Amendment to the Constitution
concerning Article 31C — on which date the provisions of Articles ... India,
since the present Act has been enacted prior to the
44th Amendment. If the present Act had been enacted
after the 44th Amendment
Constitution, as it stood after the 42nd Amendment and before the 44th Amendment.
43. Counsel for the petitioners, however, submits that revision mentioned ... filed when the 42nd Amendment of the Constitution was in force, the amendment has since been repealed by the 44th Amendment and the pre-amendment
participated under protest.
14. On the20th June 1979 the Constitution (44th Amendment) Act came into effect. Under Section 7 of the said Amendment Act, Articles ... Constitution till the 20th June 1979 when the Constitution (44th Amendment) Act came into effect. Such right could
provided in Article 358. Article 358 , as it stood prior to
44th Amendment, read thus:
"358. While a Proclamation of Emergency is in
operation ... Constitution 42nd Amendment Act, a proviso was added
and by the 44th Amendment Act, some further amendments were
made but it is not necessary
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 ... 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
counsel appearing for both the parties submit
that in view of 44th Amendment, Right to hold the property is no
more a fundamental rights ... come into force on
29.10.1974 much prior to the 44th amendment, on which date,
the provisions of Articles 19(1)(f) and 31(3) were
counsel appearing for both the parties submit
that in view of 44th Amendment, Right to hold the property is no
more a fundamental rights ... come into force on
29.10.1974 much prior to the 44th amendment, on which date,
the provisions of Articles 19(1)(f) and 31(3) were
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 ... 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
counsel appearing for both the parties submit
that in view of 44th Amendment, Right to hold the property is no
more a fundamental rights ... come into force on
29.10.1974 much prior to the 44th amendment, on which date,
the provisions of Articles 19(1)(f) and 31(3) were
