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Report No. 46

5. Possibility of challenge on the validity of the Twenty-fourth Amendment.-

We do not think that the constitutional validity of the Twenty-fourth Amendment Act is likely to be challenged before the Supreme Court; but it is not unlikely that, if the present Bill is passed by Parliament, an attempt may be made to challenge its constitutional validity on the ground that Parliament has no power to amend Part III of the Constitution and that the Twenty-fourth Amendment Act passed by Parliament is inoperative, ineffective and void and, as such, cannot sustain the validity of the Twenty-fifth Amendment Bill inasmuch as its provisions seek to modify some of the fundamental rights guaranteed by Part III. This fact has to be borne in mind in considering the merits of the proposed Bill.

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

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