Constitution is premissible, if it violates or disturb or alter the basic structure and basic feature of the Constitution.
It was urged that democracy, democratic ... they are the basic structure of Indian Constitution. The counsel relied on the definition of basic structure as laid down by Supreme Court in Keshvananda
74th Amendment respectively are mandatory provisions and form part of the basic structure of the Constitution. According to ten, non-compliance of the aid provisions ... Constitutional mandate besides denial of democracy and thereby the basic structure of the Constitution is being interfered with and its Pre-emble is being violated
also contended-
"Judicial review is a fundamental aspect of the basic structure of our Constitution and bar of the jurisdiction of the High Court ... judicial review is a basic and essential feature of the Constitution and it cannot be abrogated without affecting the basic structure of the Constitution
diminishes and is available only on the ground
that it destroys basic structure of the constitution, as held in the case of I.
R. Coelho ... 2502 of 1988 dt.02-09-2019
8/186
damages the basic structure of the Constitution, as indicated in Article 21
read with Articles
amend may possibly not include the power to abrogate or alter the basic or essential features of the Vth Schedule, no limitation can be read ... affirmative words which give the power. Therefore, unless it damages the basic structure of the Schedule of the Constitution or unless Article 13 (2) operates
such power by
parliament would not per se violative of the basic structure of
the Constitution. But he submits that in spite of declaration ... basic structure. Thus, the revival of the
unamended constitutional provision is the
approach consistent with the theoretical
foundation of basic structure review;
57.3. The decision
such power by
parliament would not per se violative of the basic structure of
the Constitution. But he submits that in spite of declaration ... basic structure. Thus, the revival of the
unamended constitutional provision is the
approach consistent with the theoretical
foundation of basic structure review;
57.3. The decision
such power by
parliament would not per se violative of the basic structure of
the Constitution. But he submits that in spite of declaration ... basic structure. Thus, the revival of the
unamended constitutional provision is the
approach consistent with the theoretical
foundation of basic structure review;
57.3. The decision
such power by
parliament would not per se violative of the basic structure of
the Constitution. But he submits that in spite of declaration ... basic structure. Thus, the revival of the
unamended constitutional provision is the
approach consistent with the theoretical
foundation of basic structure review;
57.3. The decision
being threatened and as such
there is a threat to the basic structure of the
Constitution. The next argument is that the
petitioner along with ... Nationalisation Act can alter or damage the basic structure of the Constitution. The basic structure of the Constitution can be altered or damaged