Case Note & Summary
The dispute involved the constitutional validity of the Constitution (Sixty-sixth Amendment) Act, 1990, which aimed to include certain acts in the Ninth Schedule of the Constitution. The appellant challenged the amendment, arguing it violated the basic structure of the Constitution. The Supreme Court, after thorough consideration, concluded that the amendment did not violate the basic structure, referencing the precedent set in I.R. Coelho (Dead) by Lrs. vs. State of Tamil Nadu. The court emphasized that the constitutional validity of the 1990 Act was upheld, particularly regarding the inclusion of the Gujarat Devasthan Inams Abolition Act, 1969 and its amendment in the Ninth Schedule. The court also noted that there were pending proceedings before the Collector, Ahmedabad, who was directed to resolve the appellant's claims expeditiously and in accordance with the law, while keeping all contentions open. The civil appeals were disposed of without any order as to costs.
Headnote
A) Constitutional Law - Amendment Validity - Basic Structure Doctrine - Constitution (Sixty-sixth Amendment) Act, 1990 - Court upheld the constitutional validity of the 1990 Act, affirming its inclusion of the Gujarat Devasthan Inams Abolition Act, 1969 in the Ninth Schedule, stating it does not violate the basic structure of the Constitution as per the tests laid down in I.R. Coelho case. The court directed the competent authority to decide the pending claims expeditiously without expressing any opinion on the merits (Paras Not mentioned).
Issue of Consideration
Whether the Constitution (Sixty-sixth Amendment) Act, 1990 is violative of the basic structure of the Constitution.
Final Decision
The Supreme Court upheld the constitutional validity of the Constitution (Sixty-sixth Amendment) Act, 1990, affirming its inclusion of the Gujarat Devasthan Inams Abolition Act, 1969 in the Ninth Schedule. The court directed the competent authority to decide the pending claims expeditiously without expressing any opinion on the merits.
Law Points
- Constitutional validity
- basic structure doctrine
- Ninth Schedule inclusion
