election may be called in question under any such law as is referred to in
clause (1).
8. The fourth clause which directly concerns the present appeals states
that no law made by Parliament before the commencement of the
Constitution (Thirty-ninth Amendment) Act. 1975 in so far as it relates to
election petitions and matters connected therewith, shall apply or shall be
deemed ever to have applied to or in relation to the election of any such
person as is referred to in clause (1) to either House of Parliament and such
election shall not be deemed to be void or ever to have become void on any
ground on which such election could be declared to be void under any such
law and notwithstanding any order made by any court before such
commencement declaring such election to be void such election shall continue
to be valid in all respects and any such order and any finding on which such
order is based shall be and shall be deemed always to have been void and of
no effect.
9. The fifth clause states that any appeal or cross appeal against any such
order of any court as is referred to in clause (4) pending immediately before
the commencement of the Constitution (Thirty-ninth Amendment) Act, 1975,
before the Supreme Court shall be disposed of in conformity with the
provisions of clause (4).
10. The sixth clause states that the provisions of this Article shall have
effect notwithstanding any thing contained in the Constitution.
11. The third feature in the Constitution (Thirty-ninth Amendment) Act is
that in the Ninth Schedule to the Constitution after Entry 86 and before the
Explanation several Entries Nos. 87 to 124 inclusive are inserted. The
Representation of the People Act, 1951, the Representation of the People
(Amendment) Act, 1974 and the Election Laws (Amendment) Act, 1975 are
mentioned in Entry 87.
12. The respondent contends that the Representation of the People
(Amendment) Act, 1974 and the Election Laws (Amendment) Act 1975
referred to as the Amendment Acts 1974 and 1975 do not enjoy constitutional
immunity because these Acts destroy or damage basic structure or basic
features.
13. In view of the challenge by the respondent to the constitutional
validity of the Amendment Acts. 1974 and 1975 notice was given to the
Attorney General.
14. The appeals were to be heard on 11 August, 1975. In view of the
Constitution (Thirty-ninth Amendment) Act, 1975 which came into existence
on 10 August, 1975 the hearing was adjourned till 25 August, 1975.
15. The constitutional validity of clause (4) of Article 329-A falls for
consideration. Clause (4) of Article 329-A is challenged on two grounds. First,
it destroys or damages the basic features or basic structure of the
Constitution. Reliance is placed in support of the contention on the majority
view of 7 learned Judges in Kesavananda Bharati Sripadanagalvaru v. State
of Kerala, 1973 Sup SCR 1 - (AIR 1973 Sc 1461).