to provide any quais-judicial procedure in Article 368 which apparently, furnishes a self-contained code, means that no such power was meant to be included here at all Proper exercise of judicial power is in separable from appropriate procedure. (Para 577) The Constitution undoubtedly specifically vests ‘‘judicial power’’ only in the Supreme Court and in the High Courts and not in any other bodies or authorities whether executive or legislative, functioning under the Constitution. (Para 553) The claim therefore that an amalgam or some undifferentiated residue of inherent power incapable of precise definition and including judicial power vests, in Parliament in its role as a constituent authority, cannot be substantiated by a reference to any Article of the Constitution whatsoever, whether substantive or procedural. It cannot be said that because the constituent power necessarily carries with it the power to constitute judicial authorities, it must also, by implication mean that the Parliament, acting in its constituent capacity, can exercise the judicial power itself directly without evesting it in itself first by an amendment of the Constitution. (Para 554) The term ‘‘sovereign’’ is only used in the preamble of our Constitution. The Constitution is a document recording an act of entrustment and conveyance by the people of India the political sovereign of legal authority to act on its behalf to a ‘‘Sovereign Democratic Republic’’. The expression ‘‘this Constitution’’ in the preamble has a basic structure comprising the three organs of the Republic: the Executive, the Legislature and the Judiciary. It is through each of these organ that the Sovereign will of the people has to operate and manifest itself and not through only one of them. Neither of these three separate organs of the Republic can take over the function assigned to the other. This is the basic structure or scheme of the system of Government of the Republic laid down in this constitution whose identity cannot according the majority view in Kesvandanda’s (AIR 1973 SC 1461) be changed even resorting to Article 368. (Paras 555) The republic is controlled and directed by the constitution to proceed to wards certain destinations and for certain purposes only. The Power to change even the direction and purposes is itself divided in the sense that a proposed change if challenged must be shown to have the sanction of all the three organs of the Republic each applying its own methods and principles and procedure for testing the correctness or validity of the measure. If the judicial power operates like a break or a veto, it is not one which can be controlled by any advice or direction to the judiciary as is the case in totalitarian regime. In our system which is democratic its exercise is left to the judicial conscience of each individual judge. This is also a basic and distinguishing feature of Democracy. AIR 1973 SC 1461, Foll.

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