questions are left open to be adjudicated in appropriate proceedings.” 4 The Court has declared Section 3(2) of the unamended provisions of the Prohibition of Benami Property Transactions Act 1988 as unconstitutional for being manifestly arbitrary and as violative of Article 20(1) of the Constitution. The provisions of Section 5 of the unamended Act, prior to the Amendment of 2016, have been declared to be unconstitutional on the ground that they are manifestly arbitrary. 5 It is not disputed that there was no challenge to the constitutional validity of the unamended provisions. This is also clear from the formulation of the question 2which arose for consideration before the Bench in paragraph 3 of the judgment, which has been extracted above. In the submissions of parties which have been recorded in the judgment, the issue of constitutional validity was not squarely addressed. 6 A challenge to the constitutional validity of a statutory provision cannot be adjudicated upon in the