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(iii) In view of the constitutional scheme and the jurisdiction
conferred on this Court under Article 32 and on the High
Courts under Article 226 of the Constitution the power of
judicial review being an integral part of the basic structure of
the Constitution, no Act of Parliament can exclude or curtail
the powers of the Constitutional Courts with regard to the
enforcement of fundamental rights. As a matter of fact, such
CBI VS.NARAYAN DIWAKAR
(RAM NAGAR CGHS)
a power is essential to give practicable content to the
objectives of the Constitution embodied in Part III and other
parts of the Constitution. Moreover, in a federal constitution ,
the distribution of legislative powers between the Parliament
and the State Legislature involves limitation on legislative
powers and, therefore, this requires an authority other than
the Parliament to ascertain whether such limitations are
transgressed. Judicial review acts as the final arbiter not only
to give effect to the distribution of legislative powers between
the Parliament and the State Legislatures, it is also necessary
to show any transgression by each entity. Therefore, to
borrow the words of Lord Steyn, judicial review is justified by
combination of " the principles of separation of powers, rule of
law, the principle of constitutionality and the reach of judicial
review" .