September 11, Forty Years Ago: Power To Parliamenthttps://indianexpress.com/article/opinion/editorials/september-11-forty-years-ago-power-to-parliament/

September 11, Forty Years Ago: Power To Parliament

A look at the front page of The Indian Express, published on September 11, Forty Years Ago.

Indian Express, Indian Express front page, Indian Express page
A look at the front page of The Indian Express, published on September 11, Forty Years Ago.

Under the Indian Constitution, there was no clear-cut divide between legislative power and judicial power, argued A.K. Sen, counsel for PM Indira Gandhi, before the Supreme Court. Sen contended before the Constitution bench, hearing socialist leader Raj Narain’s petition against the 39th Amendment Act, that courts had judicial powers only because Parliament had given these to them. The same powers could be taken away by Parliament in exercise of its constituent power. Under the 39th Amendment, the laws had been made applicable retrospectively. The natural consequence was the Allahabad high court ruling had no jurisdiction to entertain the election petition (concerning Gandhi’s election from Rae Bareli) at the initial stage. Therefore, the order of the Allahabad HC (disqualifying her) and its findings were void and without jurisdiction, Sen argued.

Attempt On Sadat
Egypt President Anwar Sadat escaped an assassination attempt in Alexandria. Two of Sadat’s guards were shot. However, an official spokesperson in Cairo told Reuters that the report was “pure nonsense”.

Bulandshahr Floods
Shortage of boats affected relief operations in Bulandshahr, which was flooded following a flash flood in the Kali Nadi. The toll was put at 16, with 11 deaths in the city. Many villages remained marooned in the absence of boats to reach them, a report said.

Militants Surrender
Two reports talked about the capture and surrender of militants in the Northeast. A report from Kohima said 13 persons of the Naga underground were captured by the police near the Myanmar border while 22 others surrendered before the security forces. In Aizawal, 63 miltants of the Mizo National Army surrendered with their arms to the lieutenant governor of Mizoram, S.K. Chibber.