Article 23 - Insertion of new Article 131-A - Constitution (42nd Amendment) Act, 1976

Insertion of new Article 131-A . 23. After Article 131 of the Constitution, the following article shall be inserted , namely: Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws. 131-A. (1) Notwithstanding anything contained in any other provision of this Constitution, the Supreme Court shall, to the exclusion of any other court, have jurisdiction to determine all questions relating to the constitutional validity of any Central law. (2) Where a High Court is satisfied ( a ) that a case pending before it or before a court subordinate to it involves questions as to the constitutional validity of any Central law or, as the case may be, of both Central and State laws; and ( b ) that the determination of such questions is necessary for the disposal of the case, the High Court shall refer the questions for the decision of the Supreme Court. (3) Without prejudice to the provisions of clause (2), where, on an application made by the Attorney-General of India, the Supreme Court is satisfied, ( a ) that a case pending before a High Court or before a court subordinate to a High Court involves questions as to the constitutional validity of any Central law or, as the case may be, of both Central and State laws; and ( b ) that the determination of such questions is necessary for the disposal of the case, the Supreme Court may require the High Court to refer the questions to it for its decision. (4) When a reference is made under clause (2) or clause (3), the High Court shall stay all proceedings in respect of the case until the Supreme Court decides the questions so referred. (5) The Supreme Court shall, after giving the parties an opportunity of being heard, decide the questions so referred, and may ( a ) either dispose of the case itself; or ( b ) return the case to the High Court together with a copy of its judgment on such questions for disposal of the case in conformity with such judgment by the High Court or, as the case may be, the court subordinate to it. . **************** NOTES:- 1. Shall come into force, w.e.f. 1st day of February, 1977 vide G.S.R. 2(E), dated 3-1-1977.