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Showing contexts for: basic structure doctrine in Mithlesh Rai vs The State Of Madhya Pradesh Judgement ... on 24 January, 2014Matching Fragments
"68. Thus, having examined the rival contentions in the context of the constitutional scheme, we conclude as follows :
(i) The fundamental rights, enshrined in Part III of the Constitution, are inherent and cannot be extinguished by any constitutional or statutory provision. Any law that abrogates or abridges such rights would be violative of the basic structure doctrine.
The actual effect and impact of the law on the rights guaranteed under Part III has to be taken into account in determining whether or not it destroys the basic structure.