Home The Constitution Part V Article 144A

Art. 144A Part V: The Union

(Repealed) Special Provisions as to Disposal of Questions Relating to Constitutional Validity of Laws

Exact text — Constitution of India

[This Article, inserted by the 42nd Amendment, 1976 during the Emergency to require larger Supreme Court benches (with special majorities) for deciding constitutional validity questions — making it harder to strike down laws — was repealed by the 43rd Amendment, 1977, once the Emergency ended.]

In Plain English

What this Article actually means

Another Emergency-era provision designed to make it structurally harder for the Supreme Court to strike down laws as unconstitutional (by requiring larger benches and supermajority agreement among judges) — part of the broader package of changes that period produced aimed at limiting judicial review's practical effectiveness, and, like the others, reversed once democratic government resumed.

Why This Matters To You

How it shows up in everyday life

This Article's insertion and repeal is yet another data point in the broader Emergency-era pattern — attempts to structurally constrain judicial review that were specifically and deliberately undone by the post-Emergency 43rd and 44th Amendments to restore the judiciary's normal, effective oversight role.

Read alongside this one

Art. 131a — (Repealed) Exclusive Jurisdiction Over Central Law Validity

Frequently Asked

Quick answers about Article 144A

Does the Supreme Court need a special large-bench majority to strike down a law today?

No — following this Article's repeal, ordinary bench-size and majority rules (as determined by the Chief Justice's roster and the Court's own practice) apply to constitutional validity questions, without this Emergency-era supermajority requirement.

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The text above reproduces Article 144A of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.