Tag: basic structure
Judiciary, as guardian of constitution, must strike down any new law that breaches the basic doctrine in supreme law, says Gopal Sri Ram.
Param Cumaraswamy says judges rose to the occasion in accepting the basic structure doctrine which he along with others had struggled for 40 years ago.
Court of Appeal says the opposition leader should have gone straight to the Federal Court as he is challenging the competency of Parliament to pass the law.
It is now open for any court in some other case to invalidate the 1988 amendment to Article 121 (1) of the Federal Constitution, says Gopal Sri Ram.
In a landmark decision, it reminds that judiciary acts as a bulwark of the constitution in ensuring that powers of the executive and legislature are kept within their intended limit.