Constitution of India with a specific emphasis of the basic structure enunciated therein.
2. Heard Mr.M.V.Swaroop, learned counsel appearing for the petitioner ... basic structure, being violated, apart from infringement of Articles 14 and 19(1)(g). Coming to the basic structure and the independence of judiciary
first attempt to
understand what constitutes the basic structure
of the Constitution. The doctrine of basic
structure was evolved in Kesavananda Bharati
case ... review, therefore, is a basic
and essential feature of the Constitution and it
cannot be abrogated without affecting the basic
structure of the Constitution
immediate requirements of the mining sector and also to
remedy the basic structural defects that underline the impasse
then prevalent.
37.4 In this backdrop ... addressed the immediate requirements of the
mining sector and cured the basic structural defects. Even the
mining leases executed prior to this date were also
promotion with
consequential seniority as being unconstitutional
and violative of the basic structure. According to
the petitioners, the impugned amendment
reverses the decisions of this ... done by the impugned
amendment and is, therefore, violative of the basic
structure of the Constitution. The said
Municipal Corporation Bhopal vs Anupama Singh on 9 May, 2016
Bench: A. M. Khanwilkar , J
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 ... taken into account in determining whether or not it
destroys the basic structure.
(ii) Article 21 of the Constitution in its broad perspective
seeks
parts will ipso facto destroy
an essential element of the basic structure of our
Constitution."
(Emphasis is supplied)
50. The above observations ... destroys the balance between the two will, ipso facto, destroy the
basic structure of the Constitution and cannot, therefore, be
sustained. That there was deprivation
parts will ipso facto destroy
an essential element of the basic structure of our
Constitution."
(Emphasis is supplied)
50. The above observations ... destroys the balance between the two will, ipso facto, destroy the
basic structure of the Constitution and cannot, therefore, be
sustained. That there was deprivation
executive functions has been held to be one of the basic structures of the
Constitution. Thus, by maintaining the said separation, the Parliament, by
Section ... violate the said separation
of power which is one of the basic structures of the Constitution of India.
Separation has to be maintained
must be
of such a serious nature which undermines the very
basic structure of our Constitution and our
democratic principles. But once the court finds ... which has the
status of a constitutional principle like the basic
structure, the above grounds are also available and
rt
not vice versa
