 idk sabha corri genna to thk constitution (idrty-:fourth ameniment) bill, 1977 lto be/as introduced in wk sabha 71 page 1, line 8,-after "article 32" inse;rt ''of the constitution" 2 page 2, line 19,-after "article 2~ ii insert "of ·the constitution ll nrw delhi; december ~ 1977 agrahayana23, 1899 (saka)  blil no 148 of tl71 ),$ thp; constitution (forty -fourth amendment) bill, 1977  a billfuf'tmf' to amend the constitution of india be it enacted by parliament in the twenty-eighth year of the republic of india as follows:-1 this act may be called the constitution ment) act, 1977 (forty-fourth amend-short title 5 2 article 31d of the constitution shall be omitted omission of article 3id 3 (1) article 32a of the constitution shall be omitted omission of article 32a· (2) any proceedings pending before the supreme court under article 32 immediately before the commencement of this act may be dealt with by the supreme court as if the said article 32a had been 10 omitted with effect on and from the 1st day ()of february, 1977 4 (1) article 13la of the constitution shall be omitted omission of article lila (2) notwithstanding anything contained in sub-section (1), where immediately before the commencement of this act any reference made by a high court under the said article 13la is pending before the supreme is court, the supreme court may, having regard to-(a) the stage at which the reference is so pending; and (b) the ends of justice, either deal with the case as if that article had not been omitted or return the case to the high court for disposal as if that article had been omitted with effect on and from the 1st day of february, 1977 5 5 (1) article 144a of the constitution shall be omitted omission of article 144a (2) any case pending before the supreme court immediately before the commencement of this act may be dealt with by the supreme court as if the said article 144a had been omitted with effect on and from th~ 1st day of february, 1977 t in article 145 of the constitution,-amendment of article 145 (a) in cilause (1), in sub-clause (ee) , for the words, figures and letters "articles isla and 139a", the word, figures and letter uarticle 139a" shall be substituted; is (b) in clause (2), the words, figures and letter "article 144a anr\ of" shall be omitted; (e) in clause (3), the words, figures and letter "subject to the provisions ot article 144a," shall be omitted if (1) article 22sa" ot the constitution shall be omitted omlaion of artlele 2ha (i) nty proeeedtnp pending before a high court udder 'artiele 228 immediately before the commencement ot this act may be dealt with 20 by the high court as it the said article 228a had been omitted with ,, effect on and from the 1st day of february, 1977 8 in article 228 of the constitution, in the opening portion, the words, figures and letter ", subject to the provisions of article l31a," shall be omitted amendment of article 228 8 (1) article 228a of the constitution shall be omitted omission of article 228a (2) any case pending before a high court immediately before the commencement of this act may be dealt with by the high court as if the said article 228a had been omitted with effect on and from the 1st day of february, 1977 30 10 in article 366 of the constitution, chluse (4a) and clause (26a) shall be omitted ' ' ,  ameadment of article 360 the constitution (forty-second amendment) act, 1976, inserted various articles in the collstllution to curtail, both directly and indirectly, the jurisdiction of 'the supreme court and the high courts to l'eview the constitutionality of laws article 32a barred the supreme court 1rom considering the constitutional validity of any state law in proceedings for the enforcement of fundatnental rights unless the constitutional validity of any central law was also in issue in such proceedings article 13la gave to the supreme court exclusive jurisdiction to decide the constitutional validity vf a central law and thus deprived the high courts of their jurisdiction in respect of the same article· 144a pro~ vided thai the minimum number of judges of the supreme court who shall "siij2r the purpose of determining the constitutional validity of any centra?'1uw or state law shall be seven and required a special majority of two-thirds for the invalidation of such law article 226a barred the high courts from deciding the validity of any central law and article 228a required that there should be a :bench of at least ft'\l'e judges for determining the constitutional validity of any state law and prescribed a special majority for a judgment invalidatin'g such a law 2, it is considered that articles 32a, 131a and 22'8a cause hardship to persons living in distant parts in india further, article 32a would lead to multiplicity of proceedings as cases relating to the validity of a state law which could be disposed of by the supreme court itself have to be heard first by the high court the minimum number of judges in every case wherein the constitutional validity of a law is involved, iljwever unsubstantial the challenge might be, results in valuable judicial time being lost in hearing and rejecting /submissions that have no substance" the supreme court has, in mis misrilal jain vs the state of oris!:a and others (air 1977 sc 1686) expressed the hope that articie 144a would engage the prompt attention of parliament and would be amended so as to leave to the court itself the duty to decine how large a bench should decide any particular case in fact, a number of "cases have been held up in the supreme court and high courts as a result of the aforementioned articles 3, it is, therefore, prop:lsed to omit articles 32a, 131a, 144a, 226a and '228a it is also proposed to make special provisions to enable the supreme court and the high courts to deal with pending eases in the s:tme manner as if the said articles had been omitted with effect from the 1st february, 1977 (viz, the date on which those articles were brought into force) necessary consequential amendments to articles 145, 228 and 386 are also proposed to be made 4 article 31d confers special power on parliament to enact certam laws in respect of anti-national activities it is considered that these powers of parliament to make laws for dealing with anti-national activities and anti~national associations are ctf a sweeping nature and are capable of abuse it is, therefore proposed to omit article sid 5 the bill seeks to achieve the above objects new l1tthl; shant! b'ftushan the 12th december 1977 - - - - - 31d (1) notwithstanding anything contained in article 13, no law 'providing for-(e) the prevention or prohibition of anti-national activities; or savin·got laws in respect of anti-national activities (b) the prevention of formation of, or the prohibition of, antinational associations, - shall be deemef\ to be void on the ground that it is inconsistent with, or takes away or abridges any of the i'ights conferred by, article 14, article 19 or article 31 (2) notwithstanding anything in this constitution, padiament shall have, and the legislature of a state shall not have, power to make laws with respect to any of the matters referred to in sub-clause (a) or subclause (b) of clause (1) (3) any law with respect to any matter ll'eferred to in sub-clause (0) or sub-clause (b) of clause (1) which is in force immediately before the commencement of section 5 of the constitution (forty-second amendment) act, 1976, shall continue in force until altered or repealed! or amended by parliament (4) in this article,-(0) "association" means an association of persons; (b) uanti-national activity", in relation to an individual or asso-ciation, means any action taken by such individual or association-(i) which is intended, or which supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of india or the secession of a part of the territory of india or which incites any individual or association to bring about such cession or secession i (ii) which disclaims, questions, threatens, t\isrupts or is intended to threaten or disrupt the sovereignty and integrity of india or the security of the state or the unity of the nation; (iii) which is intender\, or which is part of a scheme which is intended, to overthrow by force the government as by law estab~;  (iv) which is intended, or which is part of a scheme whfch is intended, to create internal disturbance or the disruption of pub1tc services; (v) which is intended, or which is part of a scheme hith is mtendetl, to threaten or disrupt harmony between different religious, racial, language or regional 'groups or castes or communities; (c) "anti-national association" means an associatiori-(i) which has for its object any anti-national activity; (ii) which encourages or aids persons to undertake or engage in any anti-national activity; (iii) the members whereof undertake or engage in any antinational activity  - 3za notwithstanding anything in article 32, the supreme court shall not consider the constitutional validity of any state law in any proceedings under that article unless the constitutional validity of any central law is also in issue in such proceedings constitu_ tional validityof state lavs not to be considered in proreedints under article 82 - 13la (1) notwithstanding anything contained in any other provision of this constitution, the supreme court shall, to the exclusion of any other court, have jurisrtiction to determine all questions relating to the constitutional validity of any central :law (2) where a high court is satisfted-(ii) that a case pending before it or before a court subordinate to it involves questions as to the constitutional validity of any central law or, as the case may be, of both central and state laws; and exclusive jurisdic_ tion of the supreme court in regard to questions as toconatitutional vaudityof central laws (b) that the determination of such questions is necessary for the disposal 01 the case, the high court shall refer the questions for the decision of the supreme court (3) without prejudice to the provisions of clause (2), where, on an appucation made by the attomey-general of india, the supreme court is sattsfled,-(ii) that a case pending before a high court or before a court subordinate to a high court involves questions as to the constitutional validity of any central law or, as the case may be, of both central and state laws; and (b) that the determination of such questions is necessary for the disposal of the case, the supreme court may require the high court to il'efer the questions to it for it~ decision (4) when a reference is made under clause (2) or clause (3), the higb  court shall stay all proceedings in respect of the case until the supreme court decides the questions so il'eferred (5) the supreme court shall, after giving the parties an opportunity of being heard, decide the questions so referred, and may-(a) either dispose of the case itself; or (b) return the case to the high court together with a copy of its judgment on such questions for disposal of the case in conformity with such judgment by the high court or, as the case may be, the court subordinate to it  - - - - - 1~ (1) the minimum number of judges of the supreme court who shall sit for the purpose of determining any question as to theo constitutional validity of any central law or state law shall be seven (2) a central law or a state law shall not be declared to be constitutionally invalid by the supreme court unless a majodty of not les3 than two-thirds of the judges sitting for the purpose of determining the question as to the constitutional validity of such law hold it to be constitutionally invalid special provi_ sions  to disposalof questions reiat-ingto constitutional validity ollawi rules 01 court, etc 145 (1) subject to the provisions of any law made by parliament, the supreme court may from time to time, with the approval of the president, make rules for regulating generally the practice and procedure of the court including-- - - - - (cc) rules as to the proceedings in the court under m'ticles 13la and 139a; - - - - - (2) subject to the provisions of article 144a and of clause (3'), rules made under this article may fix the minimum number of judges wlloat'e to sit for any purpose, ami may provide for the powers of single juages and· division courts (3) subject to the provisions of article 144a"the minimum number of judges who are to sit fol' the purpose of deciding my case involving a substantial question of law as to the interpretation' of this constitution, or tor the purpose of hearin'g any reference under article 143 shall 'be ave: provided that, where the court hearing an appeal under any ot the provisions rjf this cbapter other than article 132 consists of' lesa than· ftve judges and in the course of the hearing of the appeld the court is'satisfled that the appeal involves a substantial question' of law'1ls 'to die' inteipl!etation of this constitution the determination of which is ne~sary for the ,dis~sal of the appeal, such court sball refer the question for opinion rto a court con9~ituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion d-iapgse of the appeal in conformity with such opinion  jz6a notwithstanding anything in article 226, the high court shall not consider the constitutiopaj validity of any central law in any proceedlng" under that article constitutional validity ofcen_ tral jaws not to be oonsi  dered lnprocee dings under blucie  ~ae, transfr of certain cu  tohiib court iii if the high court is satisfied that a oase pending in a court iubordinate to it involves a substantial questton of law u to the interpretattcm 01 tbis ccmstltutlon the detemdnat1cm cd wbich is necessary tor the dilpoaal of the cue, it shall withdraw the eale ann, subject to the provi lions of a!rticle lsla, may-(g) either dispole of the cue itself, or (b) determine the said question of law and return the case to the cclurt from which the case has been so withdrawn together with 0 copy of its judgment on such question, and the said court shall on receipt tnereof, proceed to dispose of the ease in conformity with such judgment 228a (1) no rli~h court shall h:we jurisdiction to rleclare any cen-special tral law to be ~onstitutionally invalid provi (2) suh;ect to the provisions of article 131a, the hij!:h court may determine all questions relating to the constitutional vnlidity of any state law (3) the minimum number of jud)l,es who shalf sit for the purpose of determininj( any question 88 to ~e constitutional vahdity of any state law shall be five: provided that where the high court consist$ of less than flv'e tu-i[!'e9, all the judges of the high court may sit and determine such question sions as to disposal of questions relating to cons titutional validity of state laws (4) a state law shall not be dec1a'!'ed too be constitutionally invalid by the high court unless--(ii) where the high court consislq of flve judjtes or morf' not less than two-thir& of the jud've!il sittinl! for the purpos  of determining the valfdity of such hw hold it to be constitutlonallv invalid: and (b) where the high court consists of less than five judges, all the judges of the high court sitting for the purpose hold it to be const!  tutionally invalid (5) the provisions of this a'l'ticle shall have effect notwithstbllding anything contained in this part ~:rplanation-in computing the number of judges of a high court for the purposes of this article, a judge who is disqualified by r~as9p qf personal or pecuniary bias shall be exc:ludect - - - - - definitiona 388 in this constitution, unless the context otherwise il'equires, the following expressions have the meanings hereby respectively assigned to them, that is to say-- - - - - (fa) "central law" means any law other than a state law but itoes not include any amendment of this constitution made under article 388; - - - - - (28a) i·state law" means-(ii) a state act or an act of the legislature 0'1 a uniod territory: (b) an ordinance promulgated by the governor of a state under ril'ticle 213 or by the administrator of a union territory under article 23gb: (c) any provision with respect to a matter in the state list in a central act made before the commencement of this constitution; (d) any provision with respect to a matter in the state list or the concurrent list in a provincial act; (e) any notification order scheme rule, reltulation or byelaw or anv other instrument havinl! thf' force of law mal\e under anv act ordinance or pro\'isions referred to in sub-c1ause (a), sub-clause (b) sub-clause (e) or sub-clause cd); (1) any notification order rcheme rule rellulat;on or bvelaw or any other instrument havins! the force of law, not fal1in~ under sub-clause '(e) and made bv a stqtf' government or the administrator of a union territory or an i'ifficer or authority rubordinate t~ such government (lr administrator; and (g) any other law (includinsr anv usal!e or custom having thp force of law) wi,th respect to a melttel' in the state list:; - - - - - "!to  -, - bill further to amend the constitution of india (shri shanti bhushan, minister of law, justice and company affairs) 