Judicial review restored by omitting provisions that limited review and imposed mandatory bench size and special majority barriers. The proposal omits constitutional provisions that limited courts' power to review laws and imposed mandatory bench sizes and special-majority invalidation rules, arguing these produced multiplicity of proceedings and inefficient use of judicial time; it provides for consequential amendments and for treating pending cases as if the provisions had been omitted from their commencement. The proposal also omits the special parliamentary power to legislate on anti-national activities as unduly sweeping and potentially abusive, with corresponding textual adjustments.
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Provisions expressly mentioned in the judgment/order text.
Judicial review restored by omitting provisions that limited review and imposed mandatory bench size and special majority barriers.
The proposal omits constitutional provisions that limited courts' power to review laws and imposed mandatory bench sizes and special-majority invalidation rules, arguing these produced multiplicity of proceedings and inefficient use of judicial time; it provides for consequential amendments and for treating pending cases as if the provisions had been omitted from their commencement. The proposal also omits the special parliamentary power to legislate on anti-national activities as unduly sweeping and potentially abusive, with corresponding textual adjustments.
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