Part VI: The States
Chapter V - The High Courts in the States
Article 228A: Special Provisions as to Disposal of Questions Relating to Constitutional Validity of State Laws
Original Article:
[228A. Special provisions as to disposal of questions relating to constitutional validity of State laws.] —Omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 10 (w.e.f. 13-4-1978).
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 42 (w.e.f. 1-2-1977).
Explanation:
Article 228A of the Indian Constitution was originally introduced to address the special provisions related to the disposal of questions concerning the constitutional validity of State laws. However, it was later omitted, reflecting the evolution of judicial review powers within India's constitutional framework.
Clause Headings:
1. Purpose and Scope of Article 228A
Article 228A, as introduced, aimed to delineate procedures for resolving disputes on the constitutional validity of State legislation within High Courts. It specifically granted High Courts the authority to deal with questions concerning the constitutionality of State laws, while setting specific criteria and processes for such examinations.
2. Amendment History
Insertion: This Article was inserted into the Constitution by the Constitution (Forty-second Amendment) Act, 1976, under Section 42. This amendment took effect from 1st February 1977.
Omission: Later, Article 228A was omitted by the Constitution (Forty-third Amendment) Act, 1977, under Section 10. This omission came into effect on 13th April 1978. The Forty-third Amendment rolled back several provisions from the Forty-second Amendment, as the latter was widely considered to overreach into judicial autonomy.
Real-Life Application Example:
Although Article 228A is no longer part of the Constitution, its initial inclusion is reflective of the then-political climate, where there was an emphasis on streamlining judicial review and creating a framework for controlling the judiciary's power concerning State legislation. A notable instance occurred with the Forty-second Amendment when there was growing tension between the judiciary and the executive. The subsequent rollback in 1978 highlights a return to reinforcing judicial independence.
Historical Significance and Context:
The Forty-second Amendment (1976), during which Article 228A was introduced, is often referred to as the "mini-Constitution" due to the extensive changes it introduced. This amendment was enacted during the Emergency period (1975-1977) and is historically significant as it attempted to centralize power within the executive branch.
The Forty-third Amendment (1977) came after the Emergency and served to restore checks and balances. The removal of Article 228A through this amendment demonstrated a shift back to judicial independence and a separation of powers, reinforcing the High Courts' autonomy.
References:
- Constitution of India (Forty-second and Forty-third Amendments)
- Legislative debates and discussions on judicial autonomy
- Historical analysis of India’s Emergency period (1975-1977)