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Report No. 46

35. Challenge on the ground of fraud still possible.-

Incidentally, we may be permitted to observe that, if this clause is retained in Article 31C and all judicial inquiry is excluded, laws passed under Article 31C would nevertheless be challenged in courts of law and, in doubtful cases, courts of law may feel inclined to reach the conclusion that the passing of the impugned law amounts to a fraud on the Constitution. Such a situation, we think, ought to be avoided. Parliament should trust the Judiciary to do its duty fairly, fearlessly, impartially and objectively and to take cognizance of the changed philosophy which Parliament proposes to adopt in recognising the importance, the urgency and the significance of implementing the Directive Principles in question.

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

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