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Showing contexts for: basic structure doctrine in Himachal Pradesh Agro Industries ... vs Raj Kumar And Ors. on 18 December, 2001Matching Fragments
30. The Bill seeks to replace the aforesaid Ordinance and to include therein the aforesaid amendments.
31. Before dealing with the rival contentions of the parties, we consider it appropriate to keep in mind the declaration of law by the Supreme Court on AT Act.
32. S.P. Sampath Kumar v. Union of India and Ors., AIR 1987 SC 386 : 1987 (1), SCC 124 : 1987-I-LLJ-128 is indeed a leading decision on the point. An important question of law having far reaching effect and of great importance was raised in that case. The constitutional validity of the AT Act was challenged, inter alia, on the ground that it could not have totally excluded the jurisdiction of the High Courts by depriving them power of judicial review guaranteed under the Constitution; The power conferred on High Courts by the Founding Fathers of the Constitution was "basic structure of the Constitution" and was, therefore, outside the constituent power of Parliament contended the petitioners. Article 323-A, therefore, could not have been inserted in the Constitution as it was ultra vires 'basic structure doctrine' enunciated by the Apex Court.