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 ... power of Judicial Review which is part of the basic structure of the
Constitution, must extend to test whether one wing of the Democratic
Machinery
Constitution can be amended provided
in the result the basic foundation and structure of the constitution
remains the same. The basic structure may be said ... exercise
would have to be tested on the touchstone of the basic structure
test. [See Shelat & Grover, JJ., paras 607 & 608(7); Hegde
Constitution which forms part of the basic structure of the
Constitution is always available.
7.6 It is further pertinent to see from microscopic reading
there has been a gross and manifest failure of
justice or the basic principles of natural justice have been
flouted.
(h) In exercise ... statute. It has been
declared a part of the basic structure of the Constitution by
the Constitution Bench of this Court in the case
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