LAW & Legal WoRLD (unfathomable, a journey into / to the...)
“The view that the legislation included in the Schedule is subject to the test of basic structure, expressed by Justice Mathew in Indira Gandhi case, found the support of a unanimous court in Waman Rao v. Union of India. The court identified article 32 as part of the basic structure. Then citing Minerva Mills case[vii] where the court by a majority of 4 to 1 struck down clauses (4) and (5) of Article 368 which provided for exclusion of judicial review and unlimited amendment power to the Parliament respectively. Judicial review held to be a basic feature of the constitution.”
PROPERTY, INTELLECTUAL PROPERTY & PUBLIC INTEREST >>>>>>>………………
[W]e must take care to guard against two extremes equally prejudicial; the one, that men of ability, who have employed their time for the service of the community, may not be deprived of their just merits, and the reward of their ingenuity and labour; the other, that the world may not be deprived of improvements, nor the progress of the arts be retarded.[vii]
It is an interesting journey- of inconclusive controversies ; with no ticket to pay for - li fe (-VES) >>>>>>>............................................
Basic structure doctrine