K. Selvaraj Mhc Advt: 03.03.2021 – *LAW NOTES* – K. Selvaraj MHC Adv: *JUDICIAL REVIEW OF CONSTITUTIONAL AMENDMENTS* (Continued) SUBSTANTIVE

[3/2, 22:38] K. Selvaraj Mhc Advt: 03.03.2021 – *LAW NOTES* – K. Selvaraj MHC Adv:

*JUDICIAL REVIEW OF CONSTITUTIONAL AMENDMENTS* (Continued)

SUBSTANTIVE

2) A Constitutional Amendment Act, may be invalidated, if thereby, the power to amend the Constitution was, in fact delegated:-

In Kesavanandha Barathi Case, the latter part of Article 31-C was struck down by the majority, on the ground that it not only authorised the Legislature to make a Law violative of Article 14, 19 and 31, but also conferred on it power to make it immune from attack from that ground by itself inserting in that Law, a declaration. This provision constituted delegation of am effective power to amend the Constitution on the Legislature.

[(1973) 4 SCC 225]
Kesavanandha Barathi Case

(To be continued)
[3/3, 06:31] Sekarreporter1: ☘️

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