(i) Binoy Viswam v.

Union of India, AIR 2017 SC 1967

The Supreme Court or the High Court in exercise of its powers of judicial
review can declare a law passed by the Parliament or State Legislature as
invalid only on two grounds:
(1) When such law is not within the competence of Legislature
which passed the law; and/or
(2) Such law is in contravention of any fundamental rights
stipulated in Part III of the Constitution or any other
right/provision of the Constitution.

No third ground is available to invalidate any piece of legislation.

A law cannot be invalidated on the ground that the Legislature did not apply
its mind, or it was prompted by some improper motive, or it was arbitrary or
unreasonable.

(ii) Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461

‘Judicial Review’ is the basic feature of the Constitution of India and
therefore, it “cannot be damaged, or destroyed by amending the Constitution
under Article 368 of the Constitution.”

Other notable cases re-iterating similar principles -

(iii) State of Madras v. V. G. Row, AIR 1952 SC 196

(iv) A. K. Gopalan v. State of Madras, AIR 1950 SC 27
(v) L. Chandra Kumar v. Union of India, AIR 1997 SC 1627
(vi) Supreme Court Advocates-on-Record Association v. Union of India, (2015)
AIR SCW 5457