احمدیوں کے بارہ میں ایک فیصلہ

احمدیوں کے بارہ میں ایک فیصلہ — Page 221

that power, the fundamental rights conferred upon the people will become a mere adornment because rights without remedies are as writ in water۔A controlled Constitution will then become uncontrolled۔Clause (4) of Article 368 totally deprives the citizens of one of the most valuable modes of redress which is guaranteed by Article 32۔The conferment of the right to destroy the identity of the Constitution coupled with the provision that no court of law shall pronounce upon the validity of such destruction is a transparent case of transgression of the limitations on the amending power۔If a constitutional amendment cannot be pronounced to be invalid even if it destroys the basic structure of the Constitution, a law passed in pursuance of such an amendment will be beyond the pale of judicial review because it will receive the protection of the constitutional amendment which the courts will be powerless to strike down۔Article 13 of Constitution will then become a dead letter because even ordinary laws will escape the scrutiny of the courts on the ground that they are passed on the strength of a constitutional amendment which is not open to challenge۔221