Hon'ble Judges/Coram:
Y.V. Chandrachud, C.J., N.L. Untwalia, P.N. Bhagwati, P.N. Shinghal, R.S. Sarkaria, S. Murtaza Fazal Ali and V.R. Krishna Iyer

JUDGMENT

Y.V. Chandrachud, C.J.

1. On August 1, 1978 the President of India made a reference to this Court under Article 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. The full text of the reference is as follows:

WHEREAS certain Commissions of Inquiry appointed by the Central Government under the Commissions of Inquiry Act, 1952 (Central Act 60 of 1952) have submitted reports which indicate that there is reason to believe that various offences have been committed by persons holding high political and public offices during the period of operation of the Proclamation of Emergency dated the 25th June, 1975, and the period immediately preceding that Proclamation;

AND WHEREAS investigations into such offences are being made in accordance with law and are likely to be completed soon;

AND WHEREAS suggestions have been made that the persons in respect of whom the investigations reveal that a prima facie case has been made out should be tried speedily in Special Courts constituted for that purpose;

AND WHEREAS a proposal has been made that legislation should be enacted for the creation of an adequate number of Special Courts for the speedy trial of such offences on the lines of the Bill, a copy whereof is annexed hereto (hereinafter referred to as the "Bill");

AND WHEREAS doubts have been expressed with regard to the constitutional validity of the Bill and its provisions;

AND WHEREAS there is likelihood of the Constitutional validity of the provisions of the Bill, if enacted, and any action taken thereunder, being challenged in courts of law involving protracted and avoidable litigation;

AND WHEREAS in view of what has been hereinbefore stated, it appears to me that the question of law hereinafter set out is likely to arise and is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court of India thereon;

NOW, THEREFORE, in exercise of the powers conferred upon me by Clause (1) of Article 143 of the Constitution, I, Neelam Sanjiva Reddy, President of India, hereby refer the following question to the Supreme Court of India for consideration and report thereon, namely:

Question

(1) Whether the Bill or any of the provisions thereof, if enacted, would be constitutionally invalid ?

New Delhi,

Dated: 1st day of August, 1978

PRESIDENT OF INDIA

Annexed to the order of reference is a copy of the Bill which runs thus:

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