violate the ―basic structure of the
Constitution.
135. (ii) Recognized constitutional conventions pertaining to the
Westminster model, do not debar the legislating authority from
enacting ... such power by the Parliament would per se not violate any
constitutional convention.
136. (iii) The ―basic structure of the Constitution will stand
violated
The Cpio, Supreme Court Of India, Tilak ... vs Subhash Chandra Agarwal & Anr. on 2
Dlf Universal Ltd. vs Greater Kailash Ii Welfare Association on 17 January, 2006
Equivalent citations
that since recommendation of Bhargava
Committee Report in November, 1955, a constitutional convention has
evolved when every Lok Sabha has a Joint Committee for purposes
embodies an implicit decision on their part that it was within their Constitutional power to act as they did. The judiciary must accord utmost respect ... unbounded judicial creativity would make this Court a day-to-day Constitutional Convention". Justice Frankfurter has pointed out that great judges have constantly admonished
India reported as 2014 SCC Online
SC 771, while dealing with the Constitutional validity of the National Tax
Tribunal Act, 2005 , held as under ... Tribunals to the NTT,
would be in clear violation of the constitutional conventions
recognized by courts, the world over. References on questions
of law (under
almost the same terms."
Again, in Constitutional Law by Wade and Phillips, Fourth Edition, page 201, it is said-
"The question -- when ... practice and probably by now may be regarded as a binding constitutional convention, that treaties involving the cession of territory require the approval of Parliament
worthy of support and one that has had valuable effects.
42. The constitutional trade-off for independence is that Judges must restrain themselves from ... unbounded judicial creativity would make this Court a day-to-day Constitutional Convention . In The Nature of the Judicial Process , Justice Cardozo remarked:
The Judge
member of the House;
(ii) the disregard to the well established Constitutional Convention has hurt the basic structure of the Constitution;
(iii) no person ... fundamental article of republican government. It was incumbent on the convention, therefore, to define and establish this right in the Constitution. To have left
give an indication of the legislature. It cannot be disputed, the constitutional conventions and practices have importance under unwritten as well as written constitutions ... trying to understand mean ing conventions have a role fo play in interpreting Articles of a Constitution : see. U. N. Rao V. Smt. Indra Gandhi
