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december 1987

Supreme Court of India · 1987-12-17

BABU RAO ALLIAS P.B. SAMANT vs UNION OF INDIA AND ORS.

Citation / case number
SC 1977/61705
Court
Supreme Court of India
Petitioner
BABU RAO ALLIAS P.B. SAMANT
Respondent
UNION OF INDIA AND ORS.
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court upheld the validity of the Proclamations of Emergency dated December 3, 1971, and June 25, 1975, ruling that they were duly issued and approved by Parliament as per Article 352 of the Constitution. The Court clarified that the House of the People (Extension of Duration) Act, 1976, was validly enacted during the period of Emergency, and thus the Finance Act, 1976, passed during this time was also valid. The Court emphasized that publication in Parliamentary Debates sufficed for the resolutions' effectiveness, rejecting the petitioner's claims of ultra vires actions.

BABU RAO ALLIAS P.B. SAMANT vs UNION OF INDIA AND ORS. · Niyam