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
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
effect, do not damage any of the basic or
essential features of the Constitution or its basic
structure and are valid and constitutional being within ... 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
power of Parliament since they damage the basic or essential
features of the Constitution or its basic structure. The
decision in Minerva Mills ... separation of
powers is part of the basic structure of the Constitution. Even
before the basic structure doctrine became part of
Constitutional law, the importance
power of Parliament since they damage the basic or essential
features of the Constitution or its basic structure. The
decision in Minerva Mills ... separation of
powers is part of the basic structure of the Constitution. Even
before the basic structure doctrine became part of
Constitutional law, the importance