BABURAO ALIAS P.B. SAMANT versus UNION OF INDIA AND ORS.

BABURAO ALIAS P.B. SAMANT versus UNION OF INDIA AND ORS.

The validity of the Proclamations of Emergency and acts passed during the extended House period cannot be questioned, as the required Parliamentary resolutions were duly passed and published in official Parliamentary Debates, fulfilling legal requirements.

Parties
Petitioner: Baburao alias P.B. Samant; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
17 December 1987
Procedural Posture
Writ Petition / Original Jurisdiction; Final Judgment
Outcome
Petition dismissed
Legal Topics
Proclamation of Emergency, Extension of House of People, Finance Act, Publication of Parliamentary Resolutions
Constitutional Law Parliamentary Procedure Tax Law Proclamation of Emergency Extension of House of People Finance Act Publication of Parliamentary Resolutions

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Parties

Baburao alias P.B. Samant

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition / Original Jurisdiction; Final Judgment

Legal Issues

  1. 1 Whether the Proclamations of Emergency dated December 3, 1971 and June 25, 1975 were ultra vires the Constitution
  2. 2 Whether the House of the People (Extension of Duration) Act, 1976 was ultra vires
  3. 3 Whether the Finance Act, 1976 was validly passed during the extended period

Ratio Decidendi

The validity of the Proclamations of Emergency and acts passed during the extended House period cannot be questioned, as the required Parliamentary resolutions were duly passed and published in official Parliamentary Debates, fulfilling legal requirements.

Court Disposition

Petition dismissed

Orders

  • No order as to costs