Bidi
Supply Co. v. Union of India [1956 SCR 267]
Bose, J. made the following observations:
"The heart and core of a democracy lies
in the judicial process, and that means independent and fearless Judges free
from executive control brought up in judicial traditions and trained to
judicial ways of working and thinking. The main bulwarks of liberty and freedom
lie there and it is clear to me that uncontrolled powers of discrimination in
matters that seriously affect the lives and properties of people cannot be left
to executive or quasi-executive bodies even if they exercise quasi- judicial
functions because they are then invested with an authority that even Parliament
does not possess. Under the Constitution, Acts of Parliament are subject to
judicial review particularly when they are said to infringe fundamental rights,
therefore, if under the Constitution Parliament itself has not uncontrolled
freedom of action, it is evident that it cannot invest lesser authorities with
that power."
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