NDLI: in Re The Special Courts Bill, 1978 Vs. -

in Re The Special Courts Bill, 1978 Vs. -

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in Re The Special Courts Bill, 1978 Vs. -

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India--Art. 143 Special Courts Bill-
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Special Reference Case
Court	Supreme Court of India
Disposal Nature	Case Disposed Off
Headnote	Constitution of India - Art. 143 - Scope of. Special Courts Bill - Parliament if has power to enact the Bill - Whether any of its provisions violate the rights under Articles 14 and 21. The draft Special Courts Bill 1978 introduced in the Parliament by a private member seeks to create adequate number of courts to be called special courts. The Bill provides that a special court shall take cognizance of or try such cases as are instituted before it or transferred to it in the manner provide therein. If the Central Government is of opinion that there is prima facie evidence of the commission of an offence alleged to have been committed during the period of Emergency by a person who held high public or political office in India and that the said offence ought to be dealt with under the Act, it shall make a declaration to that effect in every case in which it is of that opinion. A declaration made by the Central Government cannot be called in question in any court. Clause (7) of the Bill provides that a special court shall be presided over by a sitting Judge of a High Court in India or a person who has held the office as a Judge of a High Court in India and nominated by the Central Government in consultation with the Chief Justice of India. Clause 10(1) provides that notwithstanding anything contained in the Code of Criminal Procedure, an appeal shall lie as of right from any judgment or order of a special court to the Supreme Court of India both on fact and on law. The President made a reference to the Supreme Court under Art. 143(1) of the Constitution for consideration of the question whether the Special Courts Bill 1978 or any of its provisions, if enacted would be constitutionally invalid. Preliminary objections as to the maintainability of the reference were raised on the ground that (i) the reference was of a hypothetical and speculative character and was vague, general and omnibus; (ii) since the Parliament was seized of the Bill it is its exclusive function to decide upon the constitutionality of the Bill and if the court withdrew that question for its consideration and report, it would be encroaching upon the functions and privileges of the Parliament, (iii) if the reference were entertained it would supplant the salutary provision of Art. 32 of the Constitution, (iv) irrespective of the view expressed by this Court it would be open to the Parliament to discuss the Bill and pass or not to pass it with or without amendment, and (v) the. reference raised purely political questions which the court should refrain from answering.
Judge	Hon'ble Mr. Justice N.L. Untwalia Honble Mr. Justice P.N. Bhagwati Hon'ble Mr. Justice P.N. Shinghal Hon'ble Mr. Justice R.S. Sarkaria Hon'ble Mr. Justice S. Murtaza Fazal Ali Hon'ble Mr. Justice V.R. Krishna Iyer Honble Mr. Justice Y.V. Chandrachud
Neutral Citation	1978 INSC 249
Petitioner	In Re The Special Courts Bill, 1978
SCR	[1979] 2 S.C.R. 476
Judgement Date	1978-12-01
Case Number	1

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