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Showing contexts for: basic structure constitution in Asok Pande & Anr. [ P.I.L. ] Civil vs Union Of India,Thru. Secy., Prime ... on 22 June, 2011Matching Fragments
The matters of policy unless violate constitutional or legal limits on power or are clear abuse of power, it would not be appropriate for the Courts to fetter with executive decision. But once the policy is transmitted into law and its validity is under challenge or an executive action otherwise is questioned of being arbitrary, mala fide, illegal or unconstitutional, such an action would be open to judicial review on prescribed legal norms; meaning thereby, that the law which is made, must be within the constitutional framework and it must not contravene, trench or violate any fundamental right of the citizens nor must it infringe, annul, derogate or minish the inviolable basic structure of the constitution. The judiciary though is constitutionally obliged to keep watch upon the functioning of the legislature and the executive and to correct their errors, if any, but such an interference would hardly be required in a matter where the executive exercises its power to constitute the committee, like the present one, entrusted with the job of preparing a draft Bill.