GOVERNMENT OF INDIA Vs. NATIONAL TOBACCO CO OF INDIA LIMITED CALCUTTA

JUDGEMENT

(1.) All these matters are placed before a Full Bench in view of the 42nd Amendment to the Constitution of India. There are writ petitions, writ appeals and a Supreme Court leave petition amongst them. These cases cover the entire gamut of Article. 226. which is newly substituted by the 42nd Amendment, the scope and amplitude of Section 58 of the Amendment Act and its impact on pending writ petitions, writ appeals and interlocutory petitions therein as well as petitions seeking leave for appeal to the Supreme Court. More than one Division Bench have referred several of the above cases seeking an authoritative pronouncement of a Full Bench on all these aspects, with the result that we will have to consider now in this judgment the full scope of Article. 226, as substituted by the 42nd Amendment and of Section 58 of that Amendment Act.

(2.) We may also point out that none of the above cases is under Article. 227 and so much so, no arguments have been advanced on the scope of Article. 227 of the 42nd Amendment. We are not, therefore, expressing any opinion on that particular provision.

(3.) It must be noted at the outset that the 42nd Amendment Act has not merely added to Article. 226 a new clause here or deleted an old clause there. Instead, by virtue of Section 38 of the Act a new Article. 226 is substituted. Further, some new articles have also been added which have great impact on the scope of Article. 226. Section 58 of the Amendment Act is not made a part of Constitution but has been enacted by the Parliament as a separate provision for pending petitions under Article. 226. Patently it is transitory provision laying down the guidelines according to which petitions pending on the appointed day viz., 1/02/1977 should be disposed of. The new Article. 226 Clause (1) starts with a non-obstante clause. It says that