Part V - The Union • Article

Article 144A Simplified: Special provisions as to disposal of questions relating to constitutional validity of laws

Article 144A was an Emergency-era rule that set strict requirements for the Supreme Court to declare any law unconstitutional. It mandated that at least 7 judges must hear the case, and required a special two-thirds majority to strike down a law. This made it extremely difficult for citizens to overturn unconstitutional government actions. It was officially omitted (repealed) in 1977.

Official Text

Omitted by the Constitution (Forty-third Amendment)Act, 1977, s. 5 (w.e.f.13-4-1978).]

Simple Meaning

Explain Like Ten

This was a rule that made it super hard for judges to cancel bad laws. It required a very big group of judges and almost all of them had to agree. Since this made it hard to stop bad rules, we went back to normal rules where a majority decides.

Student Mode

Inserted by the 42nd Amendment Act (1976). It required a minimum of 7 Supreme Court judges (or 5 High Court judges) and a two-thirds majority to declare any Central or State law unconstitutional. Repealed by the 43rd Amendment Act (1977) to restore normal bench procedures and simple majority rules.

Example

If a bench of 7 judges heard a constitutional challenge, and 4 judges voted that a law was unconstitutional while 3 voted it was valid, the challenge would fail under Article 144A because it did not meet the two-thirds majority (5 out of 7). Today, a simple majority is sufficient.

Key Takeaway

The repeal of Article 144A restored the traditional simple majority rule for constitutional decisions in the Supreme Court.

FAQs

What majority did Article 144A require to strike down a law?

It required a two-thirds majority of the sitting bench, rather than a simple majority.

What was the minimum bench size mandated by Article 144A for constitutional cases?

A minimum of 7 judges was required for the Supreme Court and 5 judges for a High Court.

Quiz

What majority did the defunct Article 144A require to declare a law unconstitutional?

Answer: Two-thirds majority

What minimum number of Supreme Court judges was required under Article 144A to hear a constitutional challenge?

Answer: 7 judges