AIR 1975 SUPREME COURT 2299 ::1976 2 SCR 347

Supreme Court Of India

(From:- Allahabad)* (Note :- The Judgments are printed in the order in which they are given in the Certified copy. The first judgment is not, therefore, necessarily the leading judgment-Ed.)

Hon'ble Judge(s): A. N. Ray, H. R. Khanna, K. K. Mathew, M. H. Beg, Y. V. Chandrachud , JJJ

(A) Election Laws (Amendment) Act (40 of 1975) , Preamble— - Constitution of India , Preamble— (as amended by Thirty ninth Amendment) Act (1975)- Consitutional validity of - Cannot be challenged on ground that a number of Members of Parliament were in detention. Constitution of India , Art.85, Art.122— Per Ray, C. J. :- The constitution of the House which passed the Constitution (Thirty-ninth Amendment) Act is not illegal on the ground that a number of members of Parliament of the two Houses were detained by executive order after 26 June, 1975. It has also to be stated that it is not open to challenge the orders of detention collaterally. The principle is that what is directly forbidden cannot be indirectly achieved.(Para 69 74 75 76 82 86 87) Per Khanna, J. :- The constitutional validity of the Constitution Amendment Act and the 1975 Act amending the Representation of the People Act cannot be assailed on the ground that some members of Parliament were prevented because of their detention from attending and participating in the proceedings of the respective Houses of Parliament.(Para 184) The contention that the sittings of the two Houses of P....