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Report No. 46

31. Article 31C-Portion relating to declaration by Parliament.-

That leaves another part of Article 31C to be considered. By this part, it is provided that, if a law made by Parliament or State Legislature by virtue of Article 31C declares that it is for giving effect to the policy enunciated by Article 39, clause (b) or (c), the said law shall not be called in guestion in any court on the ground that it does not give effect to such policy. In bther words, the effect of this provision is that any question as to whether there is any rational nexus or connection, between the provisions of the law passed by Parliament or State Legislature and the object intended to be achieved by them will be completely excluded from judicial scrutiny.

It is possible that the nexus between the provisions of the law in question and the object intended to be achieved by them is, in some cases, patent and direct, or is indirect and remote, or is, in some other cases, illusory or non┬Čexistent; and yet, if the clause in its present form is adopted by Parliament, courts will be precluded in all cases from examining the question about the existence of such nexus.



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




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