Notwithstanding anything contained in this Constitution, -
[Any case pending before a High Court immediately before the commencement of this Act may be dealt with by the High Court as if the said article 228A had been omitted with effect on and from the 1st day of February, 1977.][Rep . by the Constitution (Forty-third Amendment) Act, 1977, section 10, (w.e.f. 13-4-1978)][Editorial comment-The Constitution (Forty-Second Amendment) Act, 1976, A new article 228A was inserted in the Constitution which would give High Courts the authority to "determine all questions as to the constitutional validity of any State law". The amendment's fifty-nine clauses stripped the Supreme Court of many of its powers and moved the political system toward parliamentary sovereignty. The 43rd and 44th Amendments reversed these changes.Also Refer][Editorial comment-The Constitution (Forty-Third Amendment) Act, 1977, Under Article 228(A), a High Court could only declare a State law invalid if the decision was made by a bench of at least five judges. Additionally, a special majority of two-thirds of the bench voted in favor of the motion.Also Refer]
