Gounder. AIR 1971 SC 231; Amarjit Kaur v. Pritam Singh, AIR 1974 SC
2068; Qudrat Ullah v. Municipal Board, Bareilly, AIR 1974 SC 396.
608. Cases were also cited of the exercise of Constitutional power of
amendment by placing Acts in the 9th Schedule under the provisions of
Article 31-B of the Constitution, such as Jagannath v. Authorised Officer.
Land Reforms, (AIR) 1972 SC 425) (supra) so that Acts so included in the 9th
Schedule were immune from attack on the ground of alleged violation of any
fundamental rights. It is not necessary to cite them as this is now a well
recognised constitutional device whose validity has been unheld by this Court
in Kesavanand Bharti's case (AIR 1973 SC 1461) (supra).
609. Our attention was especially invited to passages from Udai Ram
Sharma v. Union of India AIR 1960 SC 1008 (supra) where it was said (at
page 54);
"In our opinion no useful purpose will be served by refering to the clear
demarcation between the judicial powers and legislative powers in America
and attempt to engraft the said principle in the working of our Constitution.
This development of the law, as pointed out in A. K. Gopalan v. State 1950
SCR 88 at p. 198 = (AIR 1950 SC 27) was due to historical reasons."
610. After that the following passage from the judgment of Das, J in A.K.
Gopalan's case AIR 1950 SC 27 was quoted (at page 55):
“The Supreme Court of the United States, under the leadership of Chief
Justice Marshall, assumed the power to declare any law unconstitutional on
the ground of its not being in “due process of law.”... It is thus that the
Supreme Court established its own supremacy over the executive and the
Congress. In India the position of the Judiciary is some-where in between the
Courts in England and the United States. While in the main leaving our
Parliament and the State Legislatures supreme in their respective legislative
fields, our Constitution has, by some of the articles, put upon the Legislature
certain specified limitations.... Our Constitution, unlike the English
Constitution, recognises the Court's supremacy over the legislative authority,
but such supremacy is a very limited one, for it is confined to the field where
the legislative power is circumscribed by limitations put upon it by the
Constitution itself. Within this restricted field the Court may, on a scrutiny of
the law made by the Legislature, declare it void if it is found to have
transgressed the constitutional limitations.”
611. In Udai Ram Sharma's case (AIR 1960 SC 1008) (supra) the following
passage from Willoughby's Constitution of the United States. Second Edition,
Vol. 3. was also cited:
“If the legislature would prescribe a different rule for the future from that
which the Courts enforce, it must be done by statute, and cannot be done by a
mandate to the Courts which leaves the law unchanged, but seeks to compel
the Courts to construe and apply it not according to the judicial, but
according to the legislative judment.... If the legislature cannot thus
indirectly control the action of the Courts, by requiring of
them a
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