disputes by a separate Tribunal or Court. (xiii) The 39th Amendment Act
does not affect the structure of a Republican Democracy, assuming that the
same is a basic feature of the Constitution. The validation of one election does
not alter the character of the democracy : and (xiv) A Constitutional
amendment need not necessarily relate to the structural organisation of the
State.
658. Shri Jagannath Kaushal supported the arguments of Shri Sen by
citing pragmatic illustrations. He gave interesting statistics showing that a
very small percentage of election petitions succeed eventually which
according to him is evidence that such petitions are used by defeated
candidates as an instrument of oppression aganist successful candidates.
Parliament, therefore, wanted to save high personages from such
harassment. A law may benefit a single individual and may still be valid.
According to Shri Kaushal, the judgment of the Allahabad High Court
became a nullity by reason of that Court ceasing retrospectively to have
jurisdiction over the dispute and a judgment which is a nullity need not be
set aside. It can even be challenged in a collateral proceeding.
659. I thought it only fair to indicate broadly the line of approach adopted
by the various learned counsel to the question as regards the validity of the
39th Amendment. It will serve no useful purpose to take up each one of the
points for separate consideration and indeed many an argument is
interrelated. It would be enough for my purpose to deal with what I consider
to be points of fundamental importance, especially as my learned Brethren
have dealt with the other points.
660. This Court has strictly adhered to the view that in Constitutional
matters one must decide no more than is strictly necessary for an effective
adjudication of the points arising in any case. By that test a numerically
substantial part of the 39th Amendment has to be deferred for consideration
to a future occasion.We are clearly not concerned in these appeals with the
new Article 71 introduced by the 39th Amendment which deals with the
election of the President and the Vice-President. We are concerned with the
new Article 329-A but not with the whole of it. Clauses (1) to (3) of that
article deal with future events and the validity of those clauses may perhaps
be examined when those events come to happen. Clauses (4) to (6) of Article
329-A are the ones that are relevant for our purpose and I propose to address
myself to the validity of those provisions.
661. Clause (4) of Article 329-A, which is the real focus of controversy may
conveniently be split up as follows for understanding its true nature and
effect : (i) The Laws made by Parliament prior to August 10, 1975 in so far as
they relate to election petitions and matters connected therewith cease to
apply to the Parliamentary election of Smt. Indira Gandhi which to place in
1971. (ii) Such Laws are repealed retrospectively in so far as they governed
the aforesaid election with the result that they must never be deemed to have
applied to that election. (iii) Such an election cannot be declared to be void on
any of the grounds on which it could have been declared to be void under the
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