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january 1977

Supreme Court of India · 1977-01-25

UNION OF INDIA ETC. vs BHANUDAS KRISHNA GAWDE AND ORS. ETC.

Citation / case number
SC 1976/61023
Court
Supreme Court of India
Petitioner
UNION OF INDIA ETC.
Respondent
BHANUDAS KRISHNA GAWDE AND ORS. ETC.
Author
JASWANT SINGH
Bench
JASWANT SINGH

Judgment text excerpt

The Supreme Court held that during the Proclamation of Emergency, Articles 19, 21, and 22 of the Constitution were suspended, thus rendering the enforcement of rights under these articles non-justiciable. The Court ruled that the Presidential Orders dated June 27, 1975, and January 8, 1976, imposed a blanket ban on the enforcement of fundamental rights, including for foreigners. Consequently, the High Court could not issue directions that contravened the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, as the Act is a self-contained code. The Court upheld the validity of detention orders made under the Act, emphasizing that the State has the authority to regulate detention conditions without judicial interference.

UNION OF INDIA ETC. vs BHANUDAS KRISHNA GAWDE AND ORS. ETC. · Niyam