Amendment) Act, 1981 (hereinafter referred to as 1991 Amendment Act) and West Bengal Land beforms (Amendment) Act, 1986 (hereinafter referred to as the 1986 Amendment ... Article 31B; Sections 6,7,8 and 2 of the Constitution (44th) Amendment Act, 1978 the Constitution (66th) Amendment
deletion of Article 31 of the Constitution by the Constitution 44th Amendment Act, the question of payment of compensation does not arise. The learned Counsel ... been deleted from! Part III of the Constitution by the Constitution (44th Amendment) Act, 1978 with effect, from June 20, 1979. The deletion of Article
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
effect of the non-implementation of the 44th Amendment in so far as it bears upon the Constitution of the Advisory Boards".
57. According ... Government was under an obligation to bring S. 3 of the 44th Amendment into force within a reasonable time after the President gave his assent
prayers relating to the challenges to the
constitutional validity of the 44th Amendment.
16. Learned Senior Advocate appearing for the petitioner has relied upon ... force of Section 26 of the Constitution (44th) Act, 1978. He has
submitted that, the 44th amendment Act came into force with effect from
June
fundamental right. Article 31(2) was repealed by the said 44th Amendment. Now the question remains whether at the time of enacment ... basis of the prevailing law in the year 1990. As by 44th amendment Article 31(2) was repealed and 31C was introduced the said three
Lakshmimoni Das And Ors. vs State Of West Bengal And Ors. on 8 July, 1987
clause (f) of Clause (1) of Article 39 of the Constitution (44th Amendment) Act, 1978 , the Sub-section (3A) of Section 183 of the Calcutta ... clause (f) of Clause (1) of Article 19 of the Constitution (44th Amendment) Act, 1978 , would result in reviving any post-constitutional law which
Though Art. 19(1)(f) has been repealed by the Constitution (44th Amendment) Act, 1978 this does not mean that without authority
amended by Section 4 of the Constitution Amendment Act, 1978 (44th Amendment).
(c) A writ of and/or in the nature of mandamus should
