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march 1975

Supreme Court of India · 1975-03-07

GODAVARI SUGAR MILLS LTD. AND ORS. vs S. B. KAMBLE AND ORS.

Citation / case number
SC 1974/60283
Court
Supreme Court of India
Petitioner
GODAVARI SUGAR MILLS LTD. AND ORS.
Respondent
S. B. KAMBLE AND ORS.
Author
HANS RAJ KHANNA
Bench
HANS RAJ KHANNA

Judgment text excerpt

The Supreme Court clarified that the inclusion of an Act or Regulation in the Ninth Schedule under Article 31B protects only the principal Act and its amendments made prior to inclusion, not any subsequent amendments. The Court emphasized that any new provisions added post-inclusion cannot claim protection under Article 31B, as this would allow state legislatures to effectively amend the Constitution without proper scrutiny. The judgment reaffirmed the principles established in previous cases, including Sri Rant Ram Narain Medhi v. State of Bombay and others, regarding the strict interpretation of provisions affecting fundamental rights.

GODAVARI SUGAR MILLS LTD. AND ORS. vs S. B. KAMBLE AND ORS. · Niyam