Umesh Chandra Banerjee, J. : In common acceptation, the doctrine of Judicial review works through the remedies of appeal and revision as prescribed by the prevalent procedural law. The doctrine, however, has a special significance in public law particularly in the countries having a written Constitution and Ours being such the doctrine constitutes the essence of the system as introduced by the Constitution itself. The Constitution is a legal instrument and this law is superior in status to the laws made by the legislature. Dr. Basu in his Tagore Law Lectures very succinctly stated the broad features of the doctrine to the following effect. Dr. Basu stated:

"Where the Constitution operates as a higher law, any act which transgresses the mandates of that higher law becomes unconstitutional and since not only the Executive but the Legislature itself is limited by that higher law, as in the U.S.A. or in India, a legislative act, too, would be unconstitutional and invalid when it contravenes the Constitution. The peculiarity of judicial review in the Constitutional sphere is that this power is wielded by the Judiciary, not over any inferior tribunal, but over coordinate authoriti