Regions & Countries

India    

Citation

AIR 1951 Nag 43

Year Decided

1951    

Court

Gujarat HC    India    

Summary/Remarks

The constitutionality of Section 7 of the Influx from Pakistan Act was challenged as violating Article 19 of the Indian Constitution. The court held the Section constitutional on the grounds that judicial review is a delicate process and that a State always has the power to pass laws that safeguard public health, safety and welfare. This allows restricting the right in Article 19. Further, the court found that Article 11 contains the powers to terminate citizenship. Therefore, the Section was constitutional.

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