Testing the validity of a statute for violation of the basic structure of the
Constitution ....................................................................................................34
c. Regulation of minority educational institutions ... Constitution. 46 It was
held that the power of Parliament to amend the Constitution cannot have the
effect of destroying or abrogating the basic structure
they destroyed certain basic features of the Constitution like judicial review and a limited amending power, and thereby damaged its basic structure. The majority also ... Constitution (First Amendment) Act, 1951 which introduced Article 31A into the Constitution damages or destroys the basic structure of the Constitution.
18. In the work
doctrine of separation of power which form part of
the basic structure of the Constitution of India is enumerated
in various judgments ... statute cannot be challenged
for violation of the basic structure of the Constitution.
25. The learned Advocate General has submitted that the
contention
doctrine of separation of power which form part of
the basic structure of the Constitution of India is enumerated
in various judgments ... statute cannot be challenged
for violation of the basic structure of the Constitution.
25. The learned Advocate General has submitted that the
contention
qualifies as the basic
structure, opined that the features or elements which constitutes the basic
structure or the framework of the Constitution, or which ... part of the basic structure.
79.7. Mere violation of the rule of equality does not violate the basic structure
of the Constitution unless the violation
contained sections 21 and 22 , contrary to the basic structure of the Constitution. This was because democracy was a part of the basic structure. Freedom ... basic structure of the Constitution. The Constitution First and Fourth Amending Acts which introduced Articles 31-A and 31-B into the Constitution with retrospective
conferred on the Legislatures; and (b)
These provisions violate the basic structure of the Constitution insofar as
they take away the power of judicial review ... Tribunals and Courts situated within their territorial jurisdiction,
violate the basic structure of the constitution, and (vi) In view of the
afore-stated propositions
Constitution constitute the
basic structure; that, basic structure is not found in a
particular Article of the Constitution; and except the
fundamental right to live ... context of the doctrine of basic
structure. The concept of a basic structure giving
coherence and durability to a Constitution has a certain
intrinsic force
amendment is
10 1992 Supp. (3) SCC 215
destructive of basic structure of the Constitution. The learned
Counsel was of the view that both ... Amendment) Act, 2005 and contended that it is against
the basic structure of the Constitution. The procedure laid down
under Article 368 has not been
Constitution.
ii) Whether by inserting Article 21A of the Constitution by the
Constitution (Eighty-Sixth Amendment) Act, 2002 , Parliament has
altered the basic structure ... Constitution. Mr. Rohatgi submitted that Article 19(1)(g) of the
Constitution is, therefore, a basic feature of the Constitution and this
basic feature
