LexDHARAM DUTT AND ORS. versus UNION OF INDIA AND ORS.
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/ DHARAM DUTT AND ORS. A v. UNION OF INDIA AND ORS. NOVEMBER 24, 2003 [R.C. LAHOTI AND BRIJESH KUMAR, JJ.] B Indian Council of World Affairs Act, 2001-Constitutional validity of-Held: Act not violative of Articles 14, 19(l)(c) and (a)-Parliament had legislative competence to pass the Act in exercise of powers under Article 245 read with entries 62 and 63 of List I of Seventh Schedule- C There is no violation of doctrine of separation of powers-A/so legislation not vitiated by the malafides-Hence, Act constitutionally valid-Constitution of India, 1950-Articles 14, 19(l(c), 19(l)(a), 245, 246 and List I Seventh Schedule, Entries 62 and 63. Constitution of India, 1950 : Article 19-Fundamental rights under-Conferred only on citizens of India-Rights do not stand on common pedestal but have varying dimensions and underlying philosophies-Nature of reasonable restrictions imposed- Discussed. Article 19-Constitutional validity of Legislative enactment-Held: Test of reasonableness is to be satisfied-Also substance of the legislation is to be kept in view-Further, in a challenge laid to the constitutional validity the onus of proof is· on going shifting process. Article 19(l)(c)-Right to form associations or unions-Does not carry with it fulfillment of every object of an association for which it was formed-It would be contrary to the scheme of rights guaranteed by part D E F lJ1 and those conferred by Article 19(l)(a) to (g)-However, rights flowing from the fundamental rights are sought to be included and qualifications G are not merely those in Article 19( 4)-Further right to form an association· is tested by reference to Article 19(l)(c), validity" of restriction by Article 19(4), and one~ individual citizens form an association and carry on activity, validity of restriction is tested by reference to Article 19(J)(g) read ~A~kl~ H 151 152 SUPREME COURT REPORTS [2003] SUPP. 6 S.C.R. A Articles 245 and 246-Seventh Schedule, List I-Entries 62 and 63- Indian Council of World Affairs-Institution of national importance- Hence, enactment protected by Entries 62 and 63 of List I of Seventh Schedule-Indian_ Council of World Affairs Act, 2001. B Articles 245 01:id 246-Doctrine of Colourable Legislation-Scope of-Held : Deals with the question of legislative competence to enact a law-If legislature is competent the motives, bonafides or malafides are not relevant. Articles 245, 246, 13, 50 and 226-Indian Council of World Affairs C Act, 2001-Act incorporating same provisions as contained in Ordinance declared invalid by High Court--Effect of the judgment of High Court on the legislation-Held : Judgment of High Court being rendered erroneous, overrulling of which is specifically recorded, the constitutional validity of subsequent legislation is not to be decided on basis of the judgment ofHigh D Court-Further before error could be corrected in appeal, Ordinance lapsed rendering appeal inji-uctuous-Also by the impugned Act Parliament not overruling the judgment of High Court nor declaring the same law to be valid which was pronounced to be void by the Court-Hence, Act not E violative of doctrine of separation of powers. In 1943, an organisation named India Council of World Affairs was formed. The Association was registered as a society. The principal object of the Society was to promote the study oflndian and international questions so as to develop a body of informed opinion on world affairs F and Indian relation thereto through study, research, discussion, lectures, exchange of ideas and information etc., with other bodies in India and abroad engaged in similar activities. The Government of India gave land on lease to the society. The Society was housed in a building constructed on the land. It had a library, an auditorium, conference room and other office accommodation. The Society was receiving G grants from the Government from 1974 until 1987, whereafter it was discontinued. There was serious mal-administration and mismanagement comntitted by the society. On 30.6.1990, the President of India promulgated an Ordinance whereby a statutory body known as the Indian Council of World Affairs was constituted, having H perpetual succession and a common seal, with power to hold and DHARAM OUIT v. U.O.I. 153 dispose of both movable and immovable properties. The constitutional A ·· validity of the Ordinance was challenged. Single Judge of High Court held the Ordinanc
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