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17. That the power of judicial review is a basic structure of constitution is a concept which is no longer in issue.

18. Is there any conflict between jurisdiction conferred on the High Court by Article 226 of the constitution and the embargoes created by Article 329 and if so how would they coexist came up for the consideration of a Constitution Bench of this Court in N.P. Ponnuswami v. Returning Officer, Namakkal Constituency. The enunciated in Ponnuswami was extensively dealt with, also amplified, by another Constitution Bench in Mohinder Singh Gill v. Chief Election Commr. The plenary power of Article 329 has been by the Constitution Bench to be founded on two principles:

9. Hon'ble Apex Court, In the case of Election Commission Re Speclal Reference No. 1 of 2002 2002 (8) SCC 237 has considered the background in which Election Commission was set up and the duties and functions of Election Commission and that conducting of election, is the sole responsibility of Election Commission. Holding periodic, free and fair elections are part pf basic structure of our Constitution. Fixing schedule for elections either for the House of the People or Legislative Assembly's In the excusive domain of Election Commission. Relevant paragraphs 76,77,78,80 and 81 are being quoted below:

77. We find that the Representation of the People Act, 1951 also has not provided any period of limitation for holding election for constituting fresh Assembly election in the event of premature dissolution of former Assembly. In this context, concerns were expressed by learned Counsel for one of the national political parties and one of the States that in the absence of any period provided either in the Constitution or In the Representation of the People Act, the Election Commission may not hold election at all and in that event it would be the end of democracy. It is no doubt true that democracy is a part of the basic structure of the Constitution and periodical, free and fair election in substratum of democracy. If there is no free and fair periodic election, It is end of democracy and the same was recognized in M. S. Gill v. Chief Election Commissioner. thus : (para 12)
198. This Court In the case of Kesavananda Bharatl (supra) held by majority that the power of amendment of the Constitution contained In Article 368 does not permit altering the basic structure of the Constitution. All the seven Judges who constituted the majority were also agreed that democratic set-up was part of the basic structure of the Constitution. Democracy postulates that there should be periodical elections, so that people may be, in a position either to re-elect the old representatives or if they so choose, to change the representatives and elect in their place other representatives, Democracy further contemplates that the elections should be free, and fair so that the voters may be in a position to vote for candidates of their choice. Democracy can indeed function only upon the faith that elections are free and fair and not rigged and manipulated, that they are effective Instruments of ascertaining popular will both in reality and form and are not mere rituals calculated to generate illusion of defence to mass opinion....