ricky_v wrote:sir, the sc can nullify any amendment it deems to be in violation of the basic structure of the constitution. The separation of powers is considered to be a basic part of the constitution and the committee that would be formed would combine legislative,executive and judicial powers thus violating the basic structure.
With that logic., SC an as well countermand the election results. After all EC is a constitutional authority and SC can say that EC did not fulfill its constitutional role and countermand all elections and usurp power! But that is not gonna happen., since SC itself comes from constitution!
Constitution comes because of the power of people. What is Gana Tantra divas? For 3 years since independence - the GoI was running but transfer of power to the constitution happened on 26 Jan 1951 and India became Gana Tantra (republic is a loosy woosy word, while the word Gana Tantra is very very apt - Gana Tantra means people's mechanism or 'demo' cracy). That day, all the people of India via their representatives agreed that they will be ruled by the constitution. Only the assembly of directly and indirectly elected representatives of people could adapt the constitution and propose amendments to it.
SC can go suck thumb.
Of course any constitutional amendment can be challenged. SC can only observe how an amendment contravenes the basic constitution. For example, if LS/RS passes a constitutional amendment that all women must wear burkhas only, that is in direct contravention of the basic right under constitution and SC can only observe. They cannot do anything other than go and suck thumb.
GST just like EC and CAG and SC/HC/courts itself does not combine legislative, executive and judicial powers. If your point is that it does, then please point out where GST legislates and where it has judicial powers? GST deciding on a rate is not a legislative power but an executive power. That is why CONgoons wanted GST rate to be in constitution making it difficult to adjust going forward. Of course everybody saw through CONgoon game plan and did not put the rate in constitution.
ricky_v., this is a economy thread and there is a judiciary thread. Rest of your conversation IMHO should go into judiciary thread.