Supreme Court of India · 1955-09-29
BHIKAJI NARAIN DHAKRAS AND OTHERS vs THE STATE OF MADHYA PRADESH AND ANOTHER
- Citation / case number
- SC 1955/146
- Court
- Supreme Court of India
- Petitioner
- BHIKAJI NARAIN DHAKRAS AND OTHERS
- Respondent
- THE STATE OF MADHYA PRADESH AND ANOTHER
- Bench
- DAS, SUDHI RANJAN,BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA,IMAM, SYED JAFFER,AIYAR, N. CHANDRASEKHARA
Judgment text excerpt
The Supreme Court upheld the constitutional validity of the C.P. & Berar Motor Vehicles (Amendment) Act, 1947, ruling that the term 'void' in Article 13(1) means void only to the extent of inconsistency with fundamental rights, and not entirely dead. The Court clarified that amendments made by the Constitution (First Amendment) Act, 1951, and the Constitution (Fourth Amendment) Act, 1955, revived the impugned Act, allowing it to operate again. The notification for taking over bus routes was deemed valid, as the Act was no longer inconsistent with Article 19(1)(g) post-amendment.