127
which has the constitutional mandate to legislate for
these issues.
The points raised by the learned counsel appear
to
be
subtle
in
nature,
though
not
novel.
Such
questions require to be examined in a broad range of
issues keeping in view the law, philosophy, political
theory,
constitutional
constitutionalism.
As
theory
and
mentioned
the
spirit
earlier,
a
of
very
onerous responsibility is reposed upon the Supreme
Court by the constitution itself. The constitution
has deliberately conferred the power of judging any
dispute on the highest court to stress the obvious
that the fount of justice under the constitution is
the apex court of the country. When some enacted law
diverts the true course of justice, power is vested
in the Supreme Court and the Supreme Court alone is
competent under the constitutional mandate to make
such orders as are necessary for doing justice.
I have already reproduced the changes made in
the constitution in the preamble, articles 7A, 7B,
(addition), 47, 47A (addition), article 95 by the
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