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
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
Constitution of India was itself deleted by 44th Amendment to Constitution of India which came into force on 20th June, 1979. According to the theory ... Constitution of India was itself deleted by 44th Amendment to Constitution of India.
4. Shri V.G. Palshikar learned Counsel appearing for respondent
India, 1950, quashing and setting
aside the provision of Constitution (44th Amendment Act) of
the year 1978 as violative of the basic structure ... Honourable Court comes to the
conclusion that, the Constitution (44th Amendment) Act
1978 is violative of the basic structure of the Constitution.
[D] That
Article with effect from June 20, 1979 by virtue of the 44th Amendment. It cannot survive inasmuch as the doctrine of eclipse would come into
difficult to follow the argument as set out in in the amendment and indeed the point was expressly stated to be not pressed ... Constitution as a result) of the Constitution of India (44th Amendment) Act, 1979. The submission of the petitioners was that the sub-rule
Sara Harry D'Mello vs State Of Maharashtra & Ors on 10 May, 2013
learned counsel drew support for his submission that after the 44th Amendment there is no express provision in the Constitution requiring the State
Article 300A of the Constitution was introduced by the 44th Amendment to the Constitution with effect from 20th June 1979. The said clause
Article 19(1)(f) and Article 31 by the Constitution 44th (Amendment) Act, 1978 in ultra-vires as it violates the basic features
