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october 1965

Supreme Court of India · 1965-10-27

K. ANANDAN NAMBIAR AND ANOTHER vs CHIEF SECRETARY, GOVERNMENT OF MADRAS AND OTHERS

Citation / case number
SC 1965/63
Court
Supreme Court of India
Petitioner
K. ANANDAN NAMBIAR AND ANOTHER
Respondent
CHIEF SECRETARY, GOVERNMENT OF MADRAS AND OTHERS
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,BACHAWAT, R.S.,RAMASWAMI, V.

Judgment text excerpt

The Supreme Court upheld the validity of Rule 30(1)(b) of the Defence of India Rules, 1962, stating that it does not infringe upon the constitutional rights of legislators as defined under Articles 79, 85, 86, and 100(1) of the Constitution. The Court ruled that the Presidential Order under Article 359(1) suspending the enforcement of fundamental rights does not bar challenges to the validity of the Act or rules on grounds other than those related to Articles 14, 21, and 22. Consequently, the petitions challenging the detention orders were deemed maintainable, and the orders were upheld as valid.

K. ANANDAN NAMBIAR AND ANOTHER vs CHIEF SECRETARY, GOVERNMENT OF MADRAS AND OTHERS · Niyam