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Basic Structure doctrine, Kesavananda Bharati judgment did not amount to judicial overreach: Arvind Datar

Datar also flagged the possible implications of some sections of the 42nd Constitutional Amendment Bill being allowed to pass judicial muster.

…if you are the President, Vice President, Prime Minister or Governor, then under amended Article 361 – you had lifetime immunity from any civil or criminal prosecution. So, a man could be a Governor for one day and can commit murder, he’ll not be liable for prosecution. Fortunately, it never came. But I dare say, if it had, it would have been struck down.

Further, the same would have been made Central legislation impossible to be subject to judicial review, he said.

Source: Barandbench

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