Constitution of India could not be
ousted by statute applying basic structure principle and
accordingly observed that the Tribunal as set up following
CONSTITUTION OF INDIA AND AS BEING AGAINST
THE BASIC PRINCIPLES OR STRUCTURE OF VALUE
ADDED TAX ACT, 2003 AND AS BEING AGAINST THE
BASIC PRINCIPLES ... ADDED
TAX ACT, 2003 AND AS BEING AGAINST THE BASIC
PRINCIPLES BASIC FEATURE OR STRUCTURE OF
VALUE ADDED TAX ACT, 2003 AND THEREFORE
ULTRAVIRES
part of the basic structure insofar as legislative elections are concerned. The theory of basic structure had to be considered in each individual case ... they form part of the inviolable basic structure of the Constitution. The first ingredient of this principle is that the power of the High Courts
Articles 226 and 227 of the
Constitution is part of the basic structure of the Constitution, forming
its integral and essential feature, which cannot ... basic structure
and it cannot be abrogated without affecting the basic structure of the
Constitution." The essence of constitutional and legal principles,
relevant
power so
that the amendment does not alter the basic structure or
destroy the basic features of the Constitution. [747A-B]
3.4. The proviso ... introduced with
a view to giving
698
effect to the federal principle. Its scope is confined to
the limits prescribed therein and is not construed
Tenth Schedule is destructive of the basic structure of the Constitution as it is violative of the fundamental principles of Parliamentary democracy, a basic feature ... violate the basic structure of the Constitution in that they affect the democratic rights of elected Members and, therefore, of the principles of Parliamentary democracy
Article 32 of the Constitution is a part of the inviolable basic structure of our Constitution. While this jurisdiction cannot be ousted, other Courts ... basic structure and it cannot be abrogated without affecting the basic structure of the Constitution". The essence of constitutional and legal principles, relevant
Schedule, so as to get over the difficulty posed by the basic
structure theory propounded and accepted in Kesavananda Bharati. In
paragraphs ... basic structure. It was held in paragraphs
135 and 136 as follows :
?Exclusion of Judicial review if compatible with the doctrine of basic
structure ? concept
judicial review is a vital principle of our Constitution and it cannot be abrogated without affecting the basic structure of the Constitution ... judicial review is a vital principle of our Constitution and it cannot be abrogated without affecting the basic structure of the Constitution
exercise thereof would be on very
narrow grounds, on the well-recognized principle evolved by
Courts that in relation to dispute on facts ... Constitution was recognized to
be a part of the basic structure of the Constitution, counsel
urged that the legislative intent to create an Armed Force