Live Law
2024-02-01 06:55:51.0
Dhavan stresses on the functions of the Court - so it becomes an advisory body, that is the big change that is made. Our submission is, once you have decided the question of established by a Statute then everything else my lord... but had that not been decided, that statute part, these should have been struck down. Because that is quite clearly evasive.
Khanna J : Mr Dhavan, the you are accepting that post these amendments there was a change in the administration
Dhavan : Yes
Khanna J : And the minority role as far as the administration in concerned, by these amendments was diluted?
Dhavan: I am saying on de jure.
Khanna J : no no that was something separate. De jure it was certainly diluted if not withdrawn. When you are saying it should be struck you should be accepting that
Dhavan : had the ratio in Basha, the statutory intervention not been decided, had they gone into these questions, these evasive provisions would have been struck down. Thats what I am saying