Sajjan Singh vs State Of Rajasthan

 

[2] Sajjan Singh vs State Of Rajasthan [1965 AIR 845, 1965 SCR (1) 933]

1) If an Act is included in the 9th Schedule of Constitution of India then it gets the shield of Article 31-B of the Constitution.

2) Article 31B provided that none of the Acts specified in the Ninth Schedule to the Constitution shall be deemed to be void or ever to have become void.

3) The constituent power conferred by Art. 368 on the Parliament can also be exercised both prospectively and retrospectively.

4) The effect of the last clause in Art. 31B is to leave it open to the respective legislatures to repeal or amend the Acts which have been included in the Ninth Schedule.

5) Acts have been included in the Ninth Schedule with a view to make them valid, does not mean that the legislatures in question which passed the said Acts have lost their competence to repeal them or to amend them.


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