[Constitutional validity of State laws not to be considered in proceedings under article 32.]
Article 32A — [Constitutional validity of State laws not to be considered in proceedings under article 32.]
32A. [Constitutional validity of State laws not to be considered in proceedings under article 32.].—Omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 3 (w.e.f. 13-4-1978). 33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.—Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to,—
- (a) the members of the Armed Forces; or
- (b) the members of the Forces charged with the maintenance of public order; or
- (c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or
- (d) person employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.]
Plain English Summary
Article 32A was an amendment that stated that when a person approaches the Supreme Court under Article 32 (for fundamental rights), the validity of state laws should not be a factor in the court's decision. This provision was later omitted from the Constitution by the 44th Amendment Act, 1978.
Key Points
- The original purpose was to ensure that challenges under Article 32 focused on fundamental rights rather than the validity of state laws.
- It dealt with the constitutional validity of State laws in proceedings under Article 32.
- This specific article was omitted from the Constitution by the 44th Amendment Act, 1978.
Why It Matters
Since the article has been omitted, its direct legal effect is no longer present in the Constitution today. However, it historically aimed to streamline judicial review concerning fundamental rights claims against state legislation.
Landmark Judgements
No major landmark judgements.