The 39th Amendment is, however, open to grave objection on other grounds, in so far as clauses (4) and (5) of Article 329-A are concerned. Generality and equality are two indelible characteristics of justice administered according to law. (Para 678) It is the common man’s sense of Justice which sustains democracies and there is a fear that the 39th Amendment, by its impugned part, may outrage that sense of justice. Different rules may apply to different conditions and classes of men and even a single individual may, by his uniqueness, form a class by himself. But in the absence of a differentia reasonably related to the object of the law, justice must be administered with an even hand to all. (Para 681) The Parliament, by clause (4) of Article 329-A, has decided a matter of which the country’s Courts were lawfully seized. Neither more nor less. It is true, that retrospective validation is a well-known legislative process which has received the recognition of this Court in tax cases, pre-emption cases, renancy cases and a variety of other matters. But in all of these cases, what the legislature did was to change the law retrospectively so as to remove the reason of disqualification, leaving it to the Courts to apply the amended law to the decision of the particular case. The exercise by the legislature of what is purely and indubitably a judicial function is impossible to sustain in the contexts even of our co-operative federalism which contains no rigid distribution of powers but which provides a system of salutary checks and balances. (Para 690) It is contrary to the basic tenets of our Constitution to hold that the Amending Body is an amalgam of all powers – legislative, executive and judicial. ‘‘Whatever pleases the emperor has the force of law’’ is not an article of democratic faith. The basis of our Constitution is a well-planned legal order, the presuppositions of which are accepted by the people as determining the methods by which the functions of the Government will be discharged and the power of the State shall be used. (Para 691) Per Ray, C.J. : – When the constituent power exercises powers the constituent power comprises legislative, executive and judicial powers. All powers flow from the constituent power through the Constitution to the various departments or heads. In the hands of the constituent authority there is no demarcation of powers. It is only when the constituent authority defines the authorities or demarcates the areas that separation of power is discussed. The constituent power is independent of the doctrine of separation of powers. The constituent power is sovereign. It is the power which creates the organs and distributes the powers. (Para 48) The Constitution permits by amendment exclusion of judicial review of a matter if it is necessary to give effect to the Directive Principles of State

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