Constitution show that judicial review can be excluded in appropriate cases as a matter of policy. (ii) That validation of elections is a process well-known to democratic forms of Government (iii) That a law may be constitutional even if it relates to a single individual if on accounts of special reasons, the single individual could be treated as a class by himself (iv) That it is clear from Articles 326 and 327 of the Constitution that the Constitution makers thought that as a master of high policy elections ought to be dealt with by the Constitution itself and not by ordinary legislation passed within the framework of the Constitution. How much of election should be dealt with by the Constitution and how much should be relegated to ordinary legislation is not a matter for the courts to decide. If the constituent body thought that the offices of the Prime Minister and the Speaker are important enough to be dealt with by the Constitution itself in the matter of their elections to the Parliament, it cannot be said that the decision is frivolous or without jurisdiction ; and that (v) The contention that the 39th Amendment is not an exercise of constituent power should not be allowed to be taken up because every possible aspect of the matter was argued in Sankari Prasad's case, Sajjan Singh's case and the Fundamental Rights case. The basic question involved in these cases was as to what is the meaning of the word 'amendment'. The argument now is that there is a further limition on the amending power. If it is the same question and has been decided, it cannot be reopended by saying that the question has a new aspect which was not considered then. If the question is new the principle of the Fundamental Rights case cannot be extended any further. Therefore, the constituent power must be held to be a plenary power on which the only limitation is as regards the inviolability of the basic structure. 656. The learned Solicitor-General who continued the unfinished arguments of the learned Attorney-General urged that (i) Article 14 is founded on a sound public policy recognised and followed in all civilised States. The exclusion of judicial review does not by itself mean the negation of equality. Article 31-B which on the face of it denied equality to different sections of the community attained the ideal of economic justice by bringing about economic equality. Article 33 also shows that the demands of public problems may require the adjustment of Fundamental Rights for ensuring greater equality (ii) What a Constitution should contain depends on what permanency is intended to be accorded to a particular provision included in the Constitution. (iii) Exclusion of judicial review is at least permissible in those fields where originally the Constitution did not provide for or contemplate judicial review. (iv) If the election law does not apply as it ceases to apply by virtue of Article 329-A (4) it is the function of the legislature to declare whether or not a particular election is good or bad: and that Rule of Law is not a part of the basic structure of the Consitution and apart from Article 14, our Constitution recognises neither the doctrine of equality nor the Rule of Law. 657. Shri A.K. Sen who appears for Smt. Indira Gandhi defended the 39th Amendment by contending that : (i) The Amendment flows the well-known

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents