Part V: The Union

The Union Judiciary

Article 144A: Special provisions as to disposal of questions relating to constitutional validity of laws

Overview of Article 144A: Special provisions as to disposal of questions relating to constitutional validity of laws

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Omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 5 (w.e.f. 13-4-1978).

Explanations

Article 144A was introduced during the turbulent years of India’s Emergency, specifically under the Constitution (Forty-second Amendment) Act, 1976, and later omitted by the Constitution (Forty-third Amendment) Act, 1977. The Article played a significant role in temporarily altering the balance of power between the judiciary and the legislature by restricting the judicial review of laws, a fundamental feature of the Indian Constitution. Its subsequent omission reflects a critical turn in Indian legal and political history.

Clause-by-Clause Explanation

1. Introduction through the Forty-second Amendment

Article 144A was inserted into the Constitution as part of the sweeping reforms brought by the Constitution (Forty-second Amendment) Act, 1976, which was passed during the Emergency imposed by Prime Minister Indira Gandhi. It represented a significant attempt to centralize power by restricting the scope of judicial review.

2. Provisions of Article 144A

The primary feature of Article 144A was that it mandated that any question regarding the constitutional validity of laws should be decided by a Bench of at least seven judges in the Supreme Court. Additionally, for a law to be declared invalid, at least two-thirds of the judges hearing the matter were required to concur in the decision. This clause placed a considerable burden on judicial review, making it more difficult for courts to strike down unconstitutional laws.

3. Repeal of Article 144A

After the Emergency, the new government led by Prime Minister Morarji Desai sought to undo several draconian measures imposed by the previous regime. As part of this effort, Article 144A was omitted through the Constitution (Forty-third Amendment) Act, 1977, with effect from 13th April 1978. This marked the restoration of judicial powers to review the constitutionality of laws without the stringent requirements imposed by the now-omitted Article.

Historical Significance

Article 144A was emblematic of the tension between the judiciary and the executive during the Emergency. It was introduced to limit judicial interference in the legislative domain, specifically in light of decisions like Kesavananda Bharati v. State of Kerala (1973), which had curbed Parliament’s power to amend the Constitution in a way that would alter its basic structure. The repeal of Article 144A through the Forty-third Amendment marked a return to the principles of constitutional democracy and reaffirmed the independence of the judiciary.

Real-Life Examples

  • A practical example of how Article 144A might have influenced judicial decisions lies in the period leading up to its introduction. Prior to the Emergency, several landmark cases like Kesavananda Bharati v. State of Kerala (1973) asserted the Supreme Court's authority to review and strike down unconstitutional amendments or laws. The introduction of Article 144A was a direct response to limit such powers. However, after the Emergency, the repeal of Article 144A restored the judiciary's ability to review laws and amendments without the constraints that the Article had imposed.

References

  1. The Constitution (Forty-second Amendment) Act, 1976, s. 25 (w.e.f. 1-2-1977).
  2. The Constitution (Forty-third Amendment) Act, 1977, s. 5 (w.e.f. 13-4-1978).
  3. Kesavananda Bharati v. State of Kerala (1973).

Legislative History

Nil

Debates and Amendments

Nil

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