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Whether the first respondent was competent to challenge the validity of the impugned provisions on the basis that they violated the fundamental right under Article 19(1) (f) of citizen-employers or employees and thus show that the law was void and non-existent and, therefore, the action taken against it was bad?

Whether the definition of ‘establishment’ in Section 2(4) violated the fundamental right of the respondent under Article 14 and the impugned provisions were void for that reason?

Whether, on that assumption, the first respondent could claim that the law was void as against the non-citizen employers or employees under Article 13(2) and further contend that the non-citizen employers have been deprived of their property without the authority of law, as, ex hypothesi a void law is a nullity.


Indians were guaranteed fundamental rights by the Constitution of India but there was a question on whether the non-citizens are entitled to enjoy these rights. The Hon’ble Supreme Court held that the non-citizens are not having the fundamental rights and therefore they are not allowed to take advantage of the voidness of the law which is inconsistent with Part III of the Constitution. Therefore, the Apex Court again confirmed that the existing laws are applicable to non-citizens and no law can be held void in rem or for all purposes.

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