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Showing contexts for: basic structure constitution in Mukesh Nagarbhai Patel vs State Of Gujarat on 16 December, 2021Matching Fragments
"75. Our aforesaid discussion may be summarised as under :
(1) Article 243-O of the Constitution of India does not per se bar judicial review, which is part of the basic structure of the Constitution, although such jurisdiction should not ordinarily be exercised. There is a difference between 'power of judicial review' and 'judicial power'. The 'power of judicial review' is specially conferred on the Constitutional Courts, i.e. the High Courts and the Supreme Court, under Articles 226 and 32 of the Constitution, respectively.
(3) The bar of interference by 'courts' in electoral matters should be understood as the bar against C/SCA/18812/2021 ORDER DATED: 16/12/2021 the ordinary courts and not against the Constitutional Courts, and it cannot be said that the Parliament intended to take away the power of judicial review of the Constitutional Courts by incorporating Article 243-O of the Constitution. If Article 243-O of the Constitution has to be construed so as to bar the jurisdiction of the Constitutional Courts, i.e. the High Courts and the Supreme Court, the same will be against the basic structure or the basic feature of the Constitution, and accordingly, it is void.