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Mahommedali Currim Chagla, former Chief Justice of the Bombay High Court, opposed the 24th Amendment. [6] Former Attorney-General M.C. Setalvad described the 24th Amendment as "a complete negation of the rule of law", and stressed that apart from its effect on the Indian people, the amendment endangered government itself. [10]
Formation of a National Judicial Appointments Commission. 16 State assemblies out of 29 States including Goa, Rajasthan, Tripura, Gujarat and Telangana ratified the Central Legislation, enabling the President of India to give assent to the bill. [111] The amendment was struck down by the Supreme Court on 16 October 2015. Narendra Modi: 100th
The term "law" in this article was interpreted as including a constitutional amendment. Parliament responded by enacting the twenty-fourth Amendment of the Constitution of India which declared that "nothing in Article 13 shall apply to any amendment of this Constitution". The current limitation on amendments comes from Kesavananda Bharati vs.
The constitution was drawn from a number of sources. Mindful of India's needs and conditions, its framers borrowed features of previous legislation such as the Government of India Act 1858, the Indian Councils Acts of 1861, 1892 and 1909, the Government of India Acts 1919 and 1935, and the Indian Independence Act 1947.
The Court held that an amendment of the Constitution is a legislative process, and that an amendment under article 368 is "law" within the meaning of article 13 of the Constitution and therefore, if an amendment "takes away or abridges" a Fundamental Right conferred by Part III, it is void.
The 24th constitutional amendment introduced a new article – Article 13(4) – enabling Parliament to legislate on the subjects of Part III of the constitution using its constituent powers per Article 368 (1). In 1973, a 13 member constitutional bench of
Since according to Article 13(2), the parliament could not make any law that abridges the Fundamental Rights contained in Part III of the Constitution, a constitutional amendment, also being an ordinary law within the meaning of Article 13, could not be in violation of the fundamental rights chapter contained in the Constitution of India.
Defence of India rules were given an expanded mandate 5 days into the emergency and renamed as Defence and Internal Security of India Rules. Another law, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act passed in December 1974, was also frequently used to target political opponents.