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Article 228A - [Omitted] Special provisions as to disposal of questions relating to constitutional validity of State laws - Constitution of IndiaExtract 2 [***] ****************** NOTES:- 1 . Inserted by Article 42 of the Constitution (42nd Amendment) Act, 1976 dated 18-12-1976 , w.e.f. 01-02-1977 2 . (1) Omitted by Article 10 of the Constitution (43rd Amendment) Act, 1977 dated 13-04-1978 w.e.f. 13-04-1978, before it was read as, 1 [Special provisions as to disposal of questions relating to constitutional validity of State laws. 228-A. (1) No High Court shall have jurisdiction to declare any Central law to be constitutionally invalid. (2) Subject to the provisions of Article 131-A, the High Court may determine all questions relating to the constitutional validity of any State law. (3) The minimum number of Judges who shall sit for the purpose of determining any question as to the constitutional validity of any State law shall be five: Provided that where the High Court consists of less than five Judges, all the Judges of the High Court may sit and determine such question. (4) A State law shall not be declared to be constitutionally invalid by the High Court unless ( a ) where the High Court consists of five Judges or more, not less than two-thirds of the Judges sitting for the purpose of determining the validity of such law, hold it to be constitutionally invalid; and ( b ) where the High Court consists of less than five Judges, all the Judges of the High Court sitting for the purpose hold it to be constitutionally invalid. (5) The provisions of this article shall have effect notwithstanding anything contained in this Part. Explanation . In computing the number of Judges of a High Court for the purposes of this article, a Judge who is disqualified by reason of personal or pecuniary bias shall be excluded. ] (2) Any case pending before a High Court immediately before the commencement of this Act may be dealt with by the High Court as if the said Article 228-A had been omitted with effect on and from the 1st day of February, 1977.
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