The Constitution-makers must have anticipated that in dealing With the socioeconomic problems which the legislatures may have to face from time to time, the concepts of public interest and other important considerations may change and expand, and so, it is legitimate to assume that the Constitution-makers knew that Parliament should be competent to make amendments in those rights so as to meet the challenge of the problems which may arise. It is open to Parliament to validate laws which have been declared invalid by courts.
13(2), they would have taken the precaution of making a clear provision in that behalf. 368, includes the power to take away the fundamental rights guaranteed by Part III. [945 E-F] (v) The power conferred by Art. The power to amend is a very wide power and cannot be controlled by the literal dictionary meaning of the word “amend”. It is with reference to this point that learned Counsel for the appellants disputed the correcsness of the translation of the clause as found in the Paper-book.
368 for, even if the powers to amend the fundamental’rights were not included in the Article, Parliament ran by a suitable amendment of the Article take those powers. We were referred 731 to the words in Canarese in the document and it was pointed out that the word enjoy’ occurred in the clause only once referring to the interest both of the daughter as well as of her male-children and that the words “permanently with absolute rights” qualified and indicated the nature of the enjoyment by both.
13(2) does not include a law passed by Parliament by virtue of its constituent power to amend the Constitution. It cannot be used in favour of the other party or Chandigarh Civil Advocate for the purpose of showing that such a person was not a party to the conspiracy. It is common ground that on the date when the mortgage was registered Sham Sunder carried out his obligation and discharged the mortgages of Daulatram by paying him Rs. It is urged on behalf-of the appellant that rules of natural justice are the same whether High Court Civil Lawyers they apply to inquries under Art.
It would not be reasonable to proceed on the basis that the fundamental rights in Part III were intended to be finally and immutably settled and determined once for all and were beyond the reach of any future amendment. 84,000/-was reserved with the mortgagee for payment to Daulatram Narula the sum representing the principal and interest due on his three mortgages. [945 C] (iv) The power conferred by Art. The expression “amendment of the Constitution” plainly and unambiguously means amendment of all the provisions of the Constitution.
32 which is itself a guaranteed fundamental right and enables a citizen to move the Supreme Court to 935 issue writs, fall under the main part of the section. In short, the section can be analysed as follows : (1) There shall be a prima facie evidence affording a reasonable ground for a Court to believe that two or more persons are 391 members of a conspiracy ; (2) if the said condition is fulfilled, anything said, done or written by any one of them in reference to their common intention will be evidence against the other; (3) anything said, done or written by him should have been said, done or written by him after the intention was formed by any one of them ; (4) it would also be relevant for the said purpose against another who entered the conspiracy whether it was said, done or written before he entered the conspiracy or after he left it ; and (5) it can only be used against a co-conspirator and not in his favour; It can only be used for the purpose of proving the existence of the conspiracy or that the other person was a party to it.
The words used in the proviso unambiguously indicate that the substantive part of the Article applies to all the provisions of the Constitution. It may be accepted that rules of natural justice do not change from tribunal to tribunal. We shall be referring to the other translations of the relevant words but by doing so we are not to be understood as disposed to encourage any laxity in or departure from the salutary rule that save in exceptional cases if the correctness of an official translation is disputed by any party steps must be taken to have a retrans- lation made by the officers of the Court on proper application made in time therefore.
[946 F; 947 A-B; 951 B] The word “law” in Art. [951 F-H; 954 F-H; 955 E-G] Article 226 which confers on Chandigarh High Court Revenue Lawyers Court the power to issue writs falls under the proviso to Art. In the context of the constitution it includes the power of modification, or changing the provisions, or even an amendment which makes the said provisions inapplicable in certain cases. 311 or to domestic inquiries by managements relating to misconduct by workmen.
3 (c) would be whether the words “shall enjoy permanently and with absolute right” apply to the interest of Severina or are they confined to designate exclusively the interest of her male-children who are to take after her life-time. 949 A-B] (iii) Parliament in enacting the impugned Act was not making any provision of land-Legislation but was merely validating land-Legislation already passed by the State Legislatures in that behalf. if the Constitution-makers had intended that any future amendment of the provisions Famous Civil Advocates in Chandigarh regard to fundamental rights should be subject to Art.
The fundamental rights guaranteed by Part III could not have been intended to be eternal, inviolate and beyond the reach of Art. It would be seen that in ultimate analysis the question arising on the construction of cl. 368 on Parliament can be exercised both prospectively and retrospectively.