Document Fragment View
Fragment Information
Showing contexts for: basic structure doctrine in Rajbala & Ors vs State Of Haryana & Ors on 10 December, 2015Matching Fragments
27. The challenge before this Court in K Krishna Murthy case was regarding the legality of Article 243D(6) and Article 243T(6) which enabled reservation of seats in favour of backward classes etc.[16] The challenge to the abovementioned provisions is that they “are violative of principles such as equality, democracy and fraternity, which are part of the basic structure doctrine”.[17]
28. The decision in PUCL case was unfortunately not noticed by this Court while deciding K. Krishna Murthy case. Further a specific request “to reconsider the precedents wherein the rights of political participation have been characterized as statutory rights” was not given any consideration[18]. Their Lordships also failed to notice that the observations made in Mohan Lal case, prior to the 74th Amendment of the Constitution regarding the nature of the electoral rights with regard to the elections to the Municipal bodies are wholly inapplicable and without examining provisions of the Constitution as amended by the 74th Amendment.