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
whittled down through a legislative exercise
as the same is a basic structure of the Constitution, yet at times, the
writ Court may refuse ... essential feature of the
Constitution, constituting a part of its basic structure. It was also
held that the power vested in the High Courts
Fundamental Rights case, be tested on the anvil of basic structure. But apart from the principle that a case is only an authority for what ... provisions of Article 13 (1) and (2) of the Constitution. 'Basic structure', by the majority judgment, is not a part of the fundamental
Court under Article 226 of the Constitution of India is the basic
structure of the Constitution and the power ... judicial review is a basic
and essential future of the Constitution and it cannot be abrogated
without affecting the basic structure of the Constitution
such
amendments violate the basic structure of the Constitution.
Elucidating the question of application of the principle of basic
structure, the Hon'ble Apex ... matter of application of the principle of
basic structure, twin tests have to be satisfied,
namely, the "width test" and the test
Articles 226 and 227
of the Constitution is part of the basic structure of
the Constitution, forming its integral and essential
feature, which cannot ... inherent part of the
basic structure and it cannot be abrogated without
affecting the basic structure of the Constitution."
The essence of constitutional
Hiranmayee Nayak And vs State Of Odisha & Others .... Opposite ... on 22 January, 2026
Author
Hiranmayee Nayak And vs State Of Odisha & Others .... Opposite ... on 22 January, 2026
Author
Hiranmayee Nayak And vs State Of Odisha & Others .... Opposite ... on 22 January, 2026
Author
Hiranmayee Nayak And vs State Of Odisha & Others .... Opposite ... on 22 January, 2026
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