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
violate the
basic structure of the Constitution. According to him, since equality is
part of the basic structure, and Nagaraj (supra) has applied ... violate the basic structure of
the Constitution.
102. In the matter of application of the principle of
basic structure, twin tests have to be satisfied
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
structure is not germane as it is not a case set up that provisions
under Para 5 of Schedule V are against the basic structure ... appearing on behalf of some
of the respondents, argued that the basic structure doctrine is
inapplicable, the original constitutional text must not be employed
that the
impugned amendments are ultra vires as they alter the basic structure of
3
W.P.(C)No.55 of 2019 etc.
the Constitution ... impugned Amendment
Act violates the basic structure doctrine. It is submitted by learned
Attorney General that the basic structure comprises of many features
like several
A.K.Behera vs Union Of India & Anr on 6 May, 2010
Author: J
feature of the
Constitution shaping its basic structure.
7.2. The learned counsel has argued that this basic structure has been
violated by the amendment ... educationally backward. Hence, he would
submit that the basic principle of equality forming the basic structure of
the Constitution stands abrogated by excluding those
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
______________________________________________________________________ vs Shankar Lal Sharma on 28 December, 2015
Bench: Rajiv Sharma , Sureshwar Thakur
1
IN
basic structure of the Constitution? if so,
can the 103rd Constitution Amendment be said to breach the basic
structure of the Constitution ... mainstream of society and,
therefore, reservation structured singularly on economic criteria violates
the basic structure of the Constitution of India?
(b) As to whether
