PART IX(B) struck down--- july"21. Flashcards
Part 9(b) came in which amnedment?
97th amendment
97th amendement came in which year
2011
97th amendment deals with what??
article 19 clause 1 sub-clause-2
ART19(1)(2) - associations and co-operative societies was added in 97th amendment act.
article 19 deals with what?
and which part is it covered in?
article 19 deals with fundamental rights, comes under PART-III of Indian const.
Art 19 is reasonably restricted which is covered under ART19(2) which was introduced by the 1st amendment in 1951.
what all did 97th AA introduced?
97th AA introduced
ART-43(B) in PART IV i.e. DPSPs
and Part IXB
What is PART IXA of constitution?
it includes municipalities.
When was 97 AA challenged first?
In 2013, entire 97th amendment act was challenged in Gujrat HC in
RAJENDRA N SHAH V UOI.
Rajendra Shah said This AA has so many things which are not verified by state and is beyond your power and hence is unconstitutional
both Gujrat HC and Supreme court agreed to this except KM joseph
Km joseph thinks the entire 97th AAA should be stuck down but instead DOCTRINE OF SEVERABILITY ( ARTICLE-13[1] ) was used and part of 97th AA i.e.
IXB was struck down in july
what article contains procedure of amendments
ARTICLE 368