احمدیوں کے بارہ میں ایک فیصلہ

احمدیوں کے بارہ میں ایک فیصلہ — Page 220

Since the Constitution had conferred a limited amending power on the Parliament, the Parliament cannot under the exercise of that limited power enlarge that very power into an absolute power۔Indeed, a limited amending power is one of the basic features of Indian Constitution and therefore, the limitations on that power cannot be destroyed۔In other words, Parliament cannot, under Article 368, expand its amending power so as to acquire for itself the right to repeal or abrogate the Constitution or to destroy its basic and essential features۔The donee of a limited power cannot by the exercise of that power convert the limited power into an unlimited one۔(2) The newly introduced clause (4) of Article 368 is equally unconstitutional and void because clauses (4) and (5) are inter-linked۔While clause (5) purports to remove all limitations on the amending power, clause (4) deprives the courts of their power to call in question any amendment of the Constitution۔Indian Constitution is founded on a nice balance of power among the three wings of the State namely, the Executive, the Legislature and the Judiciary۔It is the function of the Judges, may their duty, to pronounce upon the validity of laws۔If courts are totally deprived of 220