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4. The petitioner, however, relied upon the judgment in Lal Chand's case (supra), to contend that Article 243 ZG(b) of the Constitution, did not oust the jurisdiction of the High Court. It was asserted in support of the maintainability of the writ petition that in Lal Chand's case (supra), while considering the provisions of Articles 243O and 243ZG of the Constitution, it was held that the High Court's jurisdiction, to entertain a writ petition was not barred and Articles 243O and 243ZG of the Constitution would have to be read down, and subject to Article 226 of the Constitution. The above ratio was based on the doctrine of basic structure of the Constitution and it was held that as Article 226 of the Constitution was integral to the basic structure of the Constitution, Articles 243O and 243ZG, could not be read to create a bar on the powers conferred by Article 226 of the Constitution, and, therefore, they would have to be read down, and subject to the powers conferred upon a high court, under Article 226 of the Constitution.

(8) Let the office place the record before one of us (the Chief Justice) on his administrative side.

6. As the reference order, calls into question, the ratio, laid down in Lal Chand's case (supra), it would, be appropriate to extract the reasoning, adopted by the Full Bench, in paras 22, 23 & 24 of Lal Chand's case (supra), as under:

22. We, however, do not find any merit in the contention raised by the learned Counsel for the State. In this connection, reference may be made to a 13 judge Bench judgment of the Supreme Court in the case of Kesavananda Bharti(supra). In this case by a majority of 7 against 6, the Supreme Court held that Article 368 of the Constitution does not enable Parliament to alter the basic structure or frame work of the Constitution. The majority also opined that the basic structure of the Constitution could not be altered by any Constitution amendment and it was held in unambiguous terms that one of the basic features is the existence of the Constitutional system of judicial review. This view was followed by a Constitution Bench of the Supreme Court in the case of Minerva Mills (supra).
23. In the case of L. Chandra Kumar (supra) a seven judge Bench of the Supreme Court has held hat the jurisdiction conferred upon the High Courts under Articles 226/227 of the Constitution and upon the Supreme Court under Article 32 of the Constitution cannot be ousted. The relevant portion from the said judgment is reproduced hereunder:
The jurisdiction conferred upon the High Court under Articles 226/227 and upon the Supreme Court under Article 32 of the Constitution is part of the inviolable basic structure of our Constitution. While this jurisdiction cannot be ousted. Other courts and Tribunals may perform a supplemental role in discharging the powers conferred by Articles 226/227 and 32 of the Constitution. The Tribunals created under Article 323A and Article 323B of the Constitution are possessed of the competence to test the constitutional, validity of statutory provisions and rules. All decisions of those Tribunals will, however, be subject to scrutiny before a Division Bench of the High Court within whose jurisdiction the concerned Tribunal falls. The Tribunal will, nevertheless continue to act like courts of first instance in respect of the areas of law for which they have been constituted.

9. There is no dispute that one of the pillars that supports the edifice of the Constitution is the power of judicial review which is integral to and an inalienable part of the basic structure of the Constitution. The doctrine of "basic structure", though not defined in, or delimited in any part of the Constitution was propounded, in Kesavananda Bharti v. State of Kerala and thereafter affirmed in numerous judicial pronouncements including Minerva Mills Limited v. Union of India AIR 1980 SC 1789 and L. Chandra Kumar (supra). In a recent judgment, I.R. Coelhlo (dead) by L.R.s v. State of Tamil Nadu and Ors. 2007(2) SCC 292, the Apex Court, opined thus: