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Showing contexts for: basic structure doctrine in Society For Backlog Removal & vs The State Of Maharashtra & Ors on 1 March, 2013Matching Fragments
59. It was in the background of this controversy that the Division Bench of this Court was called upon to consider the question of interpretation of Article 371(2) of the Constitution. In the said judgment the Court recorded following conclusions:-
25. From the above, the first main objection raised was that conferring such financial powers on the Governor of Maharashtra, through Article 371(2) of the Constitution of India, would be violative of the "Basic Structure Doctrine".
26. In that behalf, after considering all the judgments referred to hereinabove cited by Mr. Aney, the learned senior counsel and Mr. Ravi Kadam, the learned Advocate General, we are clearly of the view that there is no violation of the "Basic Structure Doctrine" for the following reasons :
(a) Almost an identical provision under Article 371-F(f), protecting Sikkim was upheld by the Supreme Court in R.C. Poudyal V/s. Union of India, as not violative basic structure doctrine.