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Report No. 46

The Constitution (Twenty-Fifth Amendment) Bill, 1971

1. Introductory
2 Clause 2(a) of the Bill
3. Background of the Twenty-fourth Amendment
4. Twenty-fourth Amendment clarificatory in nature
5. Possibility of challenge on the validity of the Twenty-fourth Amendment
6. No question of confrontation between Parliament and Supreme Court
7. Constitution supreme in democracy
8. Amendment inevitable as a part of the democratic process
9. Amendment not to be regarded as raising questions of confrontation
10. Cardozo's observations
11. Clause 2(a) of the Bill considered
12. Clause 2(b) of the Bill
13. Necessity of amendment in view of Cooper's case
14. Clause 3 of the Bill
15. Relationship between Directive Principles and Fundamental Rights
16. Importance of Directive Principles in achieving socio-economic justice
17. Directive principles not merely pious declarations
18. Directive principles dynamic in character
19. Primacy of directive principles recognised by the Bill
20. Clause 3-Question of form considered
21. Paramount obligation of the State
22. Article 39(b) and (c)
23. Implementation of Directive Principles-Effect on right to property
24. Effect of Article 31C examined
25. Desirability between fundamental rights and public good
26. Dilatory legal proceedings intended to be avoided
27. Question as to how far Article 19 should be over-ridden
28. Consequences of mentioning whole of Article 19
29. Recommendation to amend clause 3 relating to Article 31C
30. Apprehension about possible invocation of other parts of Article 19(1) considered
31. Article 31C-Portion relating to declaration by Parliament
32. Judicial inquiry not to be excluded
33. Analogy of Article 31(2)
34. Recommendation to amend Article 31C
35. Challenge on the ground of fraud still possible
36. Report made in view of urgency of the matter
37. Conclusion

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