flowing
from the preamble to the Constitution constitute the
basic structure; that, basic structure is not found in a
particular Article of the Constitution ... Parliament,
i.e. to form a part of the basic structure. The basic
structure concept accordingly limits the amending power
of the Parliament
which according to the petitioner violates the
principle of Federalism, a basic structure of the Constitution.
In the writ petition, there is a further challenge ... federal principle, social
pluralism and pluralist democracy which
form the basic structure of our
Constitution demand that the judicial
review of the Proclamation issued under
which according to the petitioner violates the
principle of Federalism, a basic structure of the Constitution.
In the writ petition, there is a further challenge ... federal principle, social
pluralism and pluralist democracy which
form the basic structure of our
Constitution demand that the judicial
review of the Proclamation issued under
flowing
from the preamble to the Constitution constitute the
basic structure; that, basic structure is not found in a
particular Article of the Constitution ... Parliament,
i.e. to form a part of the basic structure. The basic
structure concept accordingly limits the amending power
of the Parliament
described as a facet of
Article 14 , is part of the basic structure of the Constitution of India. The
position emerging from Kesavananada Bharati (supra ... even constitutional amendments which
offended the basic structure of the Constitution would be
ultra vires the basic structure. Sikri, CJ. laid stress on the
basic
described as a facet of
Article 14 , is part of the basic structure of the Constitution of India. The
position emerging from Kesavananada Bharati (supra ... even constitutional amendments which
offended the basic structure of the Constitution would be
ultra vires the basic structure. Sikri, CJ. laid stress on the
basic
FERA in the Ninth Schedule was violative of the basic
structure of the Constitution, at the time of hearing, Mr.
K.K. Venugopal, learned senior ... Articles 14 and 21 amounted to a violation of the basic
structure of the Constitution, namely, the rule of law, and
the court
Court considered the basic structure theory in paragraph
107 of the Judgment and held as under:
"107. The basic structure theory imposes limitation ... Article 368 could be challenged on the
ground of violation of basic structure of the
Constitution. An ordinary legislation cannot be so
challenged. The challenge
suit,
proposed amendment ought to have been granted because the basic structure of the
suit has not changed and that there was merely change
this Court clearly held that a delegate cannot act contrary to the
basic feature of the Act stating:
"..The words ... cannot extend to scrapping of the
Constitution or to altering the basic structure of the
Constitution. Applying the principle of the
decision, it must
