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9. In the case of Committee for protection of
democratic rights (supra) in para-68 the Apex Court has
held as under :
"68. Thus, having examined the rival
contentions in the context of the Constitutional
Scheme, we conclude as follows:
(i) The fundamental rights, enshrined in Part
III of the Constitution, are inherent and
cannot be extinguished by any Constitutional
or Statutory provision. Any law that
abrogates or abridges such rights would be
violative of the basic structure doctrine. The
actual effect and impact of the law on the
rights guaranteed under Part III has to be
taken into account in determining whether or
not it destroys the basic structure.