Parliament
since they damage the basic or essential features of
the Constitution or its basic structure.
Consequently, all such amendments to the Constitution
made ... limitations,
namely, the doctrine of basic structure and lack of
legislative competence. The doctrine of basic
structure is brought in as a window to keep
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
exercised so as to damage the basic features of the Constitution and so as to destroy its basic structure. In Keshavanand Bharati 's case ... amendment, the basic structure of the Constitution cannot be damaged or destroyed. And, as to what are the basic structures of the Constitution, illustrations have
basic features of the Constitution and that the Parliament has no power to amend the basic structure of feature of the Constitution.
9. The constitutional ... regards the 'basic feature' of the Constitution, Mathew, J., observed:
"This Constitution has a basic structure comprising the three organs
part of the basic structure of the Constitution.
The doctrine of basic structure was evolved in Kesavananda Bharati
case. In Kesavananda Bharati case a thirteen ... constitution or to destroy its basic structure. The
identification of features which constitute the basic structure of our Constitution
has been subject matter of great
effect of suspending the basic structure and basic principles of the Constitution. Challenge to laws that affect the basic structure of the Constitution should ... phrase as Basic structure or Basic framework of the Constitution. Each learned Judge enumerated illustrations of the basic structure or basic framework of the Constitution
Constitution is premissible, if it violates or disturb or alter the basic structure and basic feature of the Constitution.
It was urged that democracy, democratic ... they are the basic structure of Indian Constitution. The counsel relied on the definition of basic structure as laid down by Supreme Court in Keshvananda
Authority in negation of a judicial review is destructive of basic
structure.?
20. An argument was advanced before the Supreme Court in R.K.Jain ... basic structure. It was held in paragraphs
135 and 136 as follows :
?Exclusion of Judicial review if compatible with the doctrine of basic
structure ? concept
A.K.Behera vs Union Of India & Anr on 6 May, 2010
Author: J
Nationalisation
727
Act can alter or damage the basic structure of the
Constitution. The basic structure of the Constitution can be
altered or damaged ... Constitution so as to damage or destroy its basic
or essential features or its basic structure. We
hold that all amendments to the Constitution which
