power between the
legislature and executive forms part of the basic structure of the
Constitution of India and any attempt by the executives to legislate ... authority under the law would tantamount to
violation of the basic structure of the Constitution of India. That power
to legislate is enshrined under Article
Articles 323A and 323B of the Constitution in the
matter of constitution of such Tribunals came up for
consideration before this Court ... further held that power of judicial review
being the basic structure of the Constitution cannot be
taken away.
We, therefore, are clearly of the opinion
judicial review' has
been identified as one of the basic structures of the
Constitution, and any attempt to take away that power
from
ultra vires the basic structure of the
Constitution of India, let notice also be issued upon the learned
Advocate General of the State. The petitioners
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Author
