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Showing contexts for: basic structure doctrine in Vijay Kumar vs Bharat Sanchar Nigam Limited on 26 February, 2024Matching Fragments
a. General Categories Welfare Federation v. Union of India, (2012) 7 SCC 40 (three-Judge Bench) (See paragraphs 2 and
3).
b. Rohtas Bhankar v. Union of India, (2014) 8 SCC 872 (five Judge Bench) (See paragraphs 6 and 7).
In fact, the tests laid down in Nagaraj (supra) for judging whether a constitutional amendment violates basic structure have been expressly approved by a nine-Judge Bench of this Court in I.R. Coelho (Dead) by LRs. v. State of Tamil Nadu and Ors., (2007) 2 SCC 1 (See paragraphs 61, 105, and 142). The entirety of the decision, far from being clearly erroneous, correctly applies the basic structure doctrine to uphold constitutional amendments on certain conditions which are based upon the equality principle as being part of basic structure. Thus, we may make it clear that quantifiable data shall be collected by the State, on the parameters as stipulated in Nagaraj (supra) on the inadequacy of representation, which can be tested by the Courts. We may further add that the data would be relatable to the concerned cadre.