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Report No. 46

26. Dilatory legal proceedings intended to be avoided.-

Apart from the apparent necessity to draft Article 31C in the present form, Government presumably intend to avoid any dilatory intervention of legal proceedings which inevitably stall, retard and sometimes materially hinder the whole object of meeting urgent economic problems speedily and effectively, though, of course, under valid laws. That, in fact, was the genesis of the Fourth Amendment by which Articles 31A and 31B were inserted in the constitution and that also appears to be the justification of the relevant clause in Article 31C. But, obviously, this clause does not imply that Parliament desires to ignore Articles 14, 19 and 31 in passing laws to•implement the principles enshrined in Article 39(b) and (c). The only effect of the clause is to avoid judicial scrutiny on the point.

The Constitution (Twenty-Fifth Amendment) Bill, 1971 Back

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