Article 368(2) and those of section 1(2) of the 44th
Amendment Act. Article 368(2) lays down a rule of general
application ... Constitutional amendment
into force, [312 C-E]
275
Although the 44th Amendment Act received the assent of
the President on April 30, 1979 and more
implementation by the Central Government of the provisions of the 44th Amendment regarding the composition of the Advisory Boards and the broad, undefined powers ... circumstance that the amendment introduced in Article 123 by the 38th Constitution Amendment Act, 1975, was deleted by the 44th Constitution Amendment Act, 1978. Section
interpretation to be
put on Section 1(2) of the 44th Amendment Act; the consequences of
the failure of the Central Government to issue ... under
Section 1(2) for bringing into force the provisions of 44th Amendment
Act within a reasonable time, and, the question, as to whether despite
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
from the list of fundamental rights by virtue of 44th Amendment of the Constitution.
2. The appellant herein, Mathura Singh, filed the suit ... Amendment and that the learned Judges who decided Bhudhni Mahatain's case had not considered the effect of amendment of the Constitution by 44th
property which was
a fundamental right, after the enactment of the
44th amendment in 1978, introducing Article 300-A
in the Constitution of India mandating ... India' (Edn. IV), spent
a whole Chapter XIV on the 44th Amendment,
while dealing with Article 300A. In paragraph
15.2 (pages
property which was a fundamental right,
after the enactment of the 44th amendment in 1978,
introducing Article 300-A in the Constitution of India
mandating ... India' (Edn. IV), spent
a whole Chapter XIV on the 44th Amendment, while
dealing with Article 300A. In paragraph 15.2
(pages
Constitution and section 1(2) of the 44th Amendment Act. The expression of legislative or constituent will as regards the date of enforcement ... expression of the constituent will, the amendments introduced by the 44th Amendment Act came into force on April 30, 1979 when the President gave
accord with the
requirements of section 3 of the 44th Amendment Act.
We find considerable difficulty in accepting this
submission. Earlier in this judgment ... have upheld
the validity of section 1(2) of the 44th Amendment Act,
by which the Parliament has given to the Central
12
Government
30th April, 1977. Most of the provisions of the 44th Amendment were brought into force with effect from June 20, 1979 by a notification issued ... force. After upholding the validity of Section 1(2) of the 44th Amendment on the ground that the expression of legislative or constitution will
