86
guardian of the constitution, the Supreme Court is
empowered to interpret and expound the constitution.
The High Court Division further held that the
Parliament’s amending power of the constitution is
not absolute and it cannot make any law in derogation
of
the
provisions
and
the
basic
features
of
the
constitution; that the Parliament cannot transgress
the constitutional limitation and if it does so, it
can
be
termed
as
colourable
legislation;
that
amendment to the constitution should be made subject
to
the
retention
of
basic
structure
of
the
constitution; that article 70 of the constitution has
fettered the members of Parliament unreasonably and
shockingly-it has imposed a tight rein on them-they
cannot go against their party line or opposition and
on any issue of the Parliament; that non-framing of
any
law
pursuant
to
article
95(2)(c)
of
the
constitution has virtually given an upper hand to the
executive in the matter of appointment of the Judges
of the Supreme Court; that unless and until articles
115 and 116 are restored to their original position,
the lower judiciary will continue to remain under the