doctrine of separation of power which form part of
the basic structure of the Constitution of India is enumerated
in various judgments ... theory of basic
structures or basic features is an exercise in
imponderables. Basic structures or basic features are
indefinable. The legislative entries are the fields
doctrine of separation of power which form part of
the basic structure of the Constitution of India is enumerated
in various judgments ... theory of basic
structures or basic features is an exercise in
imponderables. Basic structures or basic features are
indefinable. The legislative entries are the fields
defendant Nos.2 and 3,
thereby defeating the basic structure of the Trust.
Accordingly, the respondents/plaintiffs filed a suit ... significance and sanctity of a Public Charitable Trust and
thereby, the basic structure or the scheme of the Original
Trust has been defeated. The relevant
independence of the judiciary
have been considered integral parts of the basic structure
of our Constitution as propounded in Kesavananda Bharati
v. State of Kerala19 ... like ours. His theory finds
acceptance in the aforesaid doctrine of basic structure
propounded by this Court. Montesquieu said the following
in The Spirit
vested in the High Court under Article 227 is part of basic
structure of the Constitution. The jurisdiction conferred upon the High
Courts under Articles ... under Article 32
of the Constitution is part of the inviolable basic structure of our
Constitution. Therefore, the jurisdiction conferred upon the High Courts
under
review
under Articles 226 , 227 , and 32 are part of the basic structure of
our constitution and the same is inviolable. The following pertinent
opinion ... Constitution which also forms the part of basic structure. The
principles of basic structure have withstood the test of time and
are emphasized in many
essential feature of the Constitution, constituting part of its basic structure.
Ordinarily, therefore, the power of the High Courts and the Supreme Court
to test ... tribunals
within their respective jurisdictions also forms part of the basic structure of
the Constitution. (see para 79).
35. The Hon'ble Supreme Court
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
