Article 323-A (2) (d) is unconstitutional since it destroys the basic structure of the Constitution; the Constitution vests judicial power of the State
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
basic structure or basic framework fails on two grounds. First, legislative measures are not subject to the theory of basic features or basic structure ... ground of either damage to or destruction of basic features, basic structure or basic framework or on the ground of violation of fundamental rights
Tribunals Act encroach upon the independence of judiciary violating the basic structure of the Constitution of India and as such, they arc unconstitutional ... Supreme Court under Article 32 of the Constitution is the basic structure of the Constitution of India and is invoilablc and cannot be abrogated, ought
basic structure or essential features of the Constitution and the impugned law in so far as it offends the said basic structure or essential features ... structure or essential features of the Constitution and Articles 31-A , 31-B and 31-C cannot have the effect of overriding basic structure
without affecting the basic structure of the Constitution, but Parliament can ceitainly without in any way violating the basic structure doctrine amend the Constitution ... violative of the doctrine of basic structure. The Constitutional amendment falls under the basic structure of the Constitution and the proviso to clause
Constitution of India, which power is held to be the basic structure/feature of the Constitution.
3. G.O.Ms.No. 272, Finance and Planning ... country are some of the basic structures of the Constitution. The doctrine of basic structure expounded by the Supreme Court of India in Kesavananda Bharati
Constitution does not enable Parliament to alter the basic structure or framework of the Constitution. There was a 7 to 5 opinion, however, in favour ... implied or inherent limitations. The majority opined however that the basic structure of the Constitution could not be altered by any constitution amendment. They held
impugned Ordinance No.3 of 2000.
38. One of the basic structures of the Constitution of India is Democracy. Democracy means self-governance. That ... basic structures of the Constitution of India which provides self-governance, any effort to tinker with the basic structure of the Constitution shall be declared
powers between the Union and States, is accepted to be the basic structure of the Constitution. A comparative study of the Constitutions of Federal ... Kerala , , the Apex Court no doubt held that Federalism is the basic structure of the Constitution. In Smt.Indira Nehru Gandhi v. Shri Raj Narain