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
16103/2013 JUDGMENT
these articles would be opposed to the basic structure of the
Constitution and therefore should be declared as null.
Faced with ... this context, he argued that the law
breaches the basic structure of the Constitution.
Preamble to the said Act reads as under:
"Whereas
within limitations set by the
Constitution or fundamental rights enshrined in Part III of the
Constitution or basic structure of the Constitution. The Court
Supreme Court under Articles 226/227 and 32 of the
Constitution, are unconstitutional. Section 28 of the Act and the
"exclusion of jurisdiction ... Article 32 of the Constitution is part of the inviolable basic
structure of our Constitution. While this jurisdiction cannot be
ousted, other Courts and Tribunals
impugned order which right is a part
of the basic structure of the Constitution, we find that this argument is
also not well merited based
from the list of voters a petition under Article 226 of
the Constitution of India would be maintainable and can be entertained
and a relief ... Constitution of
India, has recognized that in exceptional cases, the Court can exercise
powers of judicial review, which is the basic structure. It is, therefore
Court in exercise of extraordinary writ
jurisdiction under Article 226 of the Constitution of India still will be
open. It is submitted that ... Constitution of
India, recognized that in exceptional cases, the Court can exercise
powers of judicial review, which is the basic structure. It is, therefore,
submitted
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
this
country. Rule of law is a basic feature of
our constitution, it is a doctrine basic
structure. Rule of law affirm supremacy of
court ... Application"
system, instead of Registering FIR is
dangerous to constitution, CRPC, 154 and
also for the rule of the law. Such disobey
cannot
