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Showing contexts for: basic structure doctrine in Chirayinkeezhu A.Babu vs The Delimitation Commission on 1 March, 2010Matching Fragments
(20) It is true that an order under S.8 or 9 published under S.10 (1) is not part of an Act of Parliament, but its effect is to be the same."
In fact, the Division Bench of this Court in Sunny Joseph's case (supra) elaborately considered the scope and effect of Article 329(a) and examined whether the same will breach the basic structure doctrine in Kesavananda Bharathi's case (AIR 1973 SC 1461) and after considering the said decision and the decision of the Apex Court in Indira Nehru Gandhi v. Raj Narain (AIR 1975 SC 2299), held in para 11 that judicial review can be excluded in certain limited areas, though it is considered to be the basic structure of the Constitution. Reliance was also placed on the later decision of the Apex Court in L. Chandrakumar v. Union of India and others {(1997) 3 SCC 261} wherein after considering the above two decisions of the Apex Court, Article 329(a) was cited as an example and further it was pointed out that judicial review cannot be considered to be a part of the basic structure so far as election to the legislature is concerned.