right to property as contained in Article 31 , fundamental right before 44th Amendment, was never an essential-basic-feature or the basic structure ... within its competence under Article 368 to delete it by 44th Amendment. I hold that 44th Amendment is intra vires to this limited extent.
Writ
property, but it was omitted by Section 2 of the Constitution (44th Amendment) Act, 1978 . According to the non-petitioners the deletion of the aforesaid ... Constitution as stood then before its deletion by the 44th Amendment Act. It was held that the tax being on the land holding
High Court over all administrative tribunals was abolished by the 42nd Amendment Act, 1976 on the ground that it caused delay and obstruction ... Policies. The Pre-1976 position has however been resolved by the 44th Amendment Act, 1978 , so that all the Tribunals other than Military Tribunals
deleted'
from the Constitution by the (44th amendment) Act, 1978 with effect from June 20, 1979. However, that does not effect the invalidity
Central Government in bringing the provisions of Section 3 of the 44th Amendment Act into force. That Amendment received the assent of the President ... 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
Central Government in bringing the provisions of Section 3 of the 44th Amendment Act into force. That Amendment received the assent of the President ... 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
been included therein at entry 163. Vide 44th Amendment of the Constitution the property right has been abolished as a fundamental right ... view the above settled position of law as well as the 44th amendment in the Constitution the learned counsel appearing on behalf of respondents
Article 226 by the earlier amendment were, therefore, deleted by 44th Amendment. The lacunae, therefore, revived. With the result that avoidable disputations were again
statute or by laying down principles for its determination. By Constitution 44th Amendment Act, Article 19 (1) (f) and Article 31 were omitted from ... with Articles 14 , 19 and 31 ( Article 31 omitted with Constitution 44th amendment) of the Constitution and the total immunity against inconsistency with any provision
deleted with effect from June 20, 1979, by the Constitution (Forty-fourth Amendment) Act, 1978 , yet the subsequent deletion of the right to property from ... available to it prior to the coming into force of the 44th Amendment Act. As this writ petition was filed in the year
