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"The power of judicial review is an integral part of our constitution system and without it, there will be no government of laws and the rule of law would become a teasing illusion and a promise of unreality. I am of the view that if there is one feature of our Constitution which, more than any other, is basic and fundamental to the maintenance of democracy and the rule of law, it is the power of judicial review and it is unquestionably, to my mind, part of the basic structure of the Constitution. Of course, when I say this I should not be taken to suggest that effective alternative institutional mechanisms or arrangements for judicial review cannot be made by Parliament. But what I wish to emphasise is that judicial review is a vital principle of our Constitution and it cannot be abrogated without affecting the basic structure of the Constitution. If by a constitutional amendment, the power of judicial review is taken away and it is provided that the validity of any law made by the legislature shall not be liable to be called in question on any ground, even if it is outside the legislative competence of the legislature or is violative of any fundamental rights, it would be nothing short of subversion of the Constitution, for it would make a mockery of the distribution of legislative powers between the Union and the States and render the fundamental rights meaningless and futile. So also if a constitutional amendment is made which has the effect of taking away the power of judicial review...."

. Thus, powers under Article 226 of the Constitution are wide and we are not saying that the Petition cannot be filed. However, the point still arises as to whether the powers can be invoked in the case of like present one. We firmly say, - No. . The Constitution Bench, comprising of seven Hon'ble Judges of the Hon'ble Apex Court in case of L. Chandra Kumar v/s. Union of India, (1997) 3 Supreme Court Cases, 261, (presided over by Hon'ble the Chief Justice A.M.Ahmadi), observed that power of judicial review vested in the High Court and the Supreme Court under Article 226/227 and 32 of the Constitution is basic structure of the Constitution. It is further observed that:-

The jurisdiction conferred upon the High Courts under Article 226/227 and upon the Supreme Court under Article 32 of the Constitution is a part of the inviolable basic structure of our Constitution. While this jurisdiction cannot be ousted, other courts and Tribunals may perform a supplemental role in discharging the powers conferred by Articles 226/227 and 32 of the Constitution."

brother Judge has taken a note of the observat the Supreme court in the following cases, to fo effect :

.SP1 [I] Minerva Mills Ltd. V/s Un India, (AIR 1980 S.C.1789) :

"Judicial review is a vital principle Constitution and it cannot be ab ig without affecting the basic structure Constitution."