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
basic structure of the Constitution of India. According to him, equality before the law is a part of the basic structure of the Constitution. Reservation ... under Article 16(4) of the Constitution, runs counter to this basic structure. The Parliament was, thus, not empowered under Article 368 of the Constitution
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
judicial review vested in the High Court constitutes one of the basic structures of the Constitution and the same cannot be abridged, curtailed or taken ... integral and essential feature of the Constitution, constituting part of its basic structure. Ordinarily, therefore, the power of High Courts and the Supreme Court
exercised so as to damage the basic features of the Constitution or to destroy its basic structure. The identification of the features which constitute ... basic feature of the Constitution. (Para 622). Chandrachud, J. felt that the contention that judicial review is a part of the basic structure and that
integral and essential feature of the Constitution, constituting part of its basic structure and that ordinarily the power of High Courts and the Supreme Court ... Tribunals, within their respective jurisdiction, was also part of the basic structure of the Constitution and that a situation where the High Courts are divested
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