Can't annul Parl's legislative actions during Emergency: SC
Hindustan Times|November 23, 2024
The Supreme Court on Friday observed that it cannot annul all legislative actions of Parliament during the 1976 Emergency solely on the ground that the extended tenure of Parliament was meant for emergency purposes and not for amending laws or the Constitution.
Utkarsh Anand
Can't annul Parl's legislative actions during Emergency: SC

The remarks were made by a bench comprising Chief Justice of India (CJI) Sanjiv Khanna and justice PV Sanjay Kumar while expressing reservations about entertaining petitions challenging the inclusion of the words "socialist" and "secular" in the Preamble through the 42nd Constitutional Amendment.

"The subject amendment (42nd amendment) has been subjected to a lot of judicial review by this court. The legislature has intervened. Parliament has intervened. We cannot say that whatever Parliament did at that time (Emergency) is nullified," said the bench in response to a submission that Parliament could not have amended the Preamble during the extended tenure of Lok Sabha in 1976.

This story is from the November 23, 2024 edition of Hindustan Times.

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This story is from the November 23, 2024 edition of Hindustan Times.

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