away from the High Courts, would not do violence to the basic
structure so long as it was ensured that the alternative mechanism ... conferred on the Legislatures; and (b)
These provisions violate the basic structure of the Constitution insofar as
they take away the power of judicial review
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
challenged on two grounds.
First, it destroys or damages the basic features or basic structure of the
Constitution. Reliance is placed in support ... essential feature of
basic structure because of the doctrine of separation of powers for these
reasons : Judicial review is basic structure in the matter
amendment is
10 1992 Supp. (3) SCC 215
destructive of basic structure of the Constitution. The learned
Counsel was of the view that both ... structure
of the Constitution. In any way, Constitutional Amendments giving
effect to Directive Principles of the State Policy would not offend the
basic structure
exercised so as to damage the basic features of
the Constitution or so as to destroy its basic structure.
Opining that sections ... from the limitation of
unamendability of the basic structure would be violative of
the basic structure and, hence, outside the amendatory power
of Parliament. [285E
void since it damages the basic or essential features of
the Constitution and destroys its basic structure by a total exclusion of
challenge ... basic structure of the Constitution and, therefore,
such an exercise, if challenged, has to be tested on the touchstone of
basic structure as reflected
therefore, are amendable under Article
368 and they are not basic features or basic structure of the Constitution.
The agrarian reforms covered under ... basic
structure. Article-14 of the Constitution in the context of right to
property is not a basic feature or basic structure. The Constitution 66th
order and to overpower the
battle for abolition of basic poverty by the basic structure
'misslle.
[889 E-H; 890A]
6.2 Right to property ... part of the basic
structure even his right to develop is not the basic
structure of India for ever. The whole adventure of the
Constitution
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
rangement for judicial review without in any way violating
the basic structure doctrine, provided it is no less effica-
cious than the High Court. Then ... judicial review is a basic and essential
feature of the Constitution and it cannot be abrogated
without affecting the basic structure of the Constitution
