The Supreme Court ruled in that judicial review is a basic characteristic of the constitution, overturning Articles 368(4), 368(5) and 31C. The widened Article 31C and added Articles 368(4) and 368(5), stating that any law passed by Parliament could not be challenged in court. In addition to Article 13, Articles 32, 226 and 227 provide the constitutional basis for judicial review.Due to the adoption of the, the Supreme Court was not allowed to preside over any laws adopted during a state of emergency which infringe under article 32 (the right to constitutional remedies). If such an interpretation is not possible because of inconsistency (and where separation is possible), the provision which is inconsistent with the constitution is considered void.
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