)25 CTR(SC )406 , [1982 ]133 ITR239 (SC ), 1981 (3 )SCALE1743 , (1981 )4 SCC675 , [1981 ]1 SCR947 , 1982 (14 )UJ12 , ,MANU/SC/0074/1981
Y.V. Chandrachud#A.C. Gupta#A.N. Sen#P.N. Bhagwati#S. Murtaza Fazal Ali#5579SC7750Judgment/OrderAIR#CTR#ITR#MANU#SCALE#SCC#SCR#UJP.N. Bhagwati,A.C. Gupta,P.N. Bhagwati,SUPREME COURT OF INDIA2012-9-24Subordinate legislation under repealed statute,Expiry and Repeal of Statutes,Taxing statutes,Strict Construction of Taxing Statutes,Construction of Taxing Statutes and Evasion of Statutes,Implied Conditions and Judicial Review,Statutes conferring power; Express and Implied conditions; Judicial Review,Mandatory And Directory Provisions,Subsidiary Rules,Power of President to Promulgate Ordinances During recess of Parliament,Legislative Powers of the President,The Union,Constitution of India,Interpretation of Statutes16910,17044,86885,86886,40460,86884,59566,86888,67955,67952,67956,67957,17029,17030,70618,17366,17382,40606,40607,40608,40609,86883 -->
MANU/SC/0074/1981
IN THE SUPREME COURT OF INDIA
Write petition. Nos. 355, 360, 863, 994, and 3624 of 1981
Decided On: 13.11.1981
Appellants: R.K. Garg and Ors. Vs. Respondent: Union of India (UOI) and Ors.
Hon'ble Judges/Coram:
Y.V. Chandrachud, C.J., A.C. Gupta, A.N. Sen, P.N. Bhagwati and S. Murtaza Fazal Ali JUDGMENT
P.N. Bhagwati, J.
1. These writ petitions raise a common question of law relating to the constitutional validity of the Special Bearer Bonds (Immunities and Exemptions) Ordinance, 1981 (hereinafter referred to as the Ordinance) and the Special Bearer Bonds (Immunities and Exemptions) Act 1981 (hereinafter referred to as the Act). The principal ground on which the constitutional validity of the Ordinance and the Act is challenged is that they are violative of the equality clause contained in Article 14 of the Constitution. There is also one other ground on which the Ordinance is assailed as constitutionally invalid and it is that the President had no power under Article 123 of the Constitution to issue the Ordinance and the Ordinance is therefore ultra vires and void. We shall first deal with the latter ground since it can be disposed of briefly, but before we do so, it would be convenient to refer to the relevant provisions of the Act. It is not necessary to make any specific reference to the provisions of the Ordinance since the provisions of the Act are substantially a reproduction of the provisions of the Ordinance.
2. On 12th January 1981, both Houses of Parliament not being in session, the President issued the Ordinance in exercise of the power conferred upon him under Article 123 of the Constitution. The Ordinance was later replaced by the Act which received the assent of the President on 27th March 1981, but which was brought into force with retrospective effect from 12th January 1981 being the date of promulgation of the Ordinance. The Act is a brief piece ........