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
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
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
court on any ground. Clause (5) has been
deleted by the 44th Amendment and, therefore, any
observations made in the Rajasthan case [State of
Rajasthan ... court on any ground.
Clause (5) has been deleted by the 44th Amendment and,
therefore, any observations made in Rajasthan case [State
of Rajasthan
Constitution. However, by the Constitution (44th Amendment) Act,
1978 , Article 19(1)(f) and Article 31 were removed in their entirety
from the Chapter
