free and fair
elections, both of which are part of the basic structure of the
Constitution. It is accordingly contended that debarring a large
section ... While it is correct that democracy is a part of the basic structure
of the constitution as declared in Keshavananda Bharati v. State
of Kerala
Sarda Mines Pvt. Ltd. And Another vs State Of Odisha And Others .... Opposite ... on 10
area of the structure, for which
compensation has been paid, it was further explained to
audit that the valuation of the structure can never ... land acquisition process, it
has to affect the very basic structure of the building where
collateral damage was inevitable necessitating payment of
compensation for such
basic feature of the Constitution and treatment of
equals as unequals or equals will be violative of the basic
structure of the Constitution. Article
even constitutional amendments which
offended the basis structure of the Constitution
would be ultra vires the basic structure. Sikri, C.J.
laid stress ... breach not only of
Art.14 but of the basic structure of the Constitution.
// 12 //
The non-exclusion of the creamy layer or the inclusion
unconstitutional, arbitrary and, he repeatedly kept urging,
'violative of basic structure of the Constitution'.
2. The Act has been in force over nine
