Amendment) Act, 1975, cannot have the effect of suspending the basic structure and basic principles of the Constitution. Challenge to laws that affect the basic ... examined and should satisfy the requirements of basic structure or basic framework or basic principle of the Constitution. If, on the scrutiny the laws affect
basic structure. It is urged that the concepts flowing
from the preamble to the Constitution constitute the
basic structure; that, basic structure is not found ... Parliament,
i.e. to form a part of the basic structure. The basic
structure concept accordingly limits the amending power
of the Parliament
basic structure. It is urged that the concepts flowing
from the preamble to the Constitution constitute the
basic structure; that, basic structure is not found ... Parliament,
i.e. to form a part of the basic structure. The basic
structure concept accordingly limits the amending power
of the Parliament
basic structure of the
Constitution. It is only if the rights conferred by these
two articles are not a part of the basic structure ... 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
violate the
basic structure of the Constitution. According to him, since equality is
part of the basic structure, and Nagaraj (supra) has applied ... held as follows:
―Whether the impugned constitutional
amendments violate the principle of basic
structure?
101. The key question which arises in the matter
deleted which according to the petitioner violates the
principle of Federalism, a basic structure of the Constitution.
In the writ petition, there is a further ... observations are
relevant:-
"Thus the federal principle, social
pluralism and pluralist democracy which
form the basic structure of our
Constitution demand that the judicial
This would undoubtedly
damage the basic structure of the
Constitution, because there are two
essential features of the basic structure
which would be violated, namely ... included in the basic structure.
Therefore, the contention proceeds that since fundamental
rights form a part of basic structure and thus laws inserted
into Ninth
This would undoubtedly
damage the basic structure of the
Constitution, because there are two
essential features of the basic structure
which would be violated, namely ... included in the basic structure.
Therefore, the contention proceeds that since fundamental
rights form a part of basic structure and thus laws inserted
into Ninth
freedoms or of damaging the basic structure of the Constitution inasmuch as that structure itself is founded on the principle of justice --social, economic ... basic structure of the Constitution, It is only if the rights conferred by these two articles are not a part of the basic structure
deleted which according to the petitioner violates the
principle of Federalism, a basic structure of the Constitution.
In the writ petition, there is a further ... observations are
relevant:-
"Thus the federal principle, social
pluralism and pluralist democracy which
form the basic structure of our
Constitution demand that the judicial
