Dhavan : I am saying that it would have been an alternative had the ratio been confined to 'Establish'.

CJI: Let's assume everything is in your favour, that we uphold that Basha is wrongly decided, even so on the question of 'Establishment', even so that the amendments which were made in 65, they do not get obliterated from the Statute books merely because we say that Basha is wrong, that's an independent exercise of Parliament's legislative power... now look at the problem on our part.

CJI: We will have to therefore say that because Basha was wrongly decided on establishment, there was a challenge to the constitutional validity of 1951 and 65 amendment of before Basha which was not decided. Now we have to decide it today in the absence of any challenge before us. Now if we don't decide it as we possibly cannot after 65 years that means those amendments in 1951 and 65 continue to hold the field today.