Article 32 of the Constitution
is an integral and essential feature of the Constitution, constituting part of its basic
structure. Ordinarily, therefore, the power ... Article 32 of the Constitution
is an integral and essential feature of the Constitution, constituting part of its basic
structure. Ordinarily, therefore, the power
that changes Basic Structure of the
Constitution, is void like a law that offends the Constitution.
21. Basic Structure doctrine , laid down by Constitutional Bench ... respectively. What is true about
Constitution of India as regards, Basic Framework of the
Constitution is true about Constitution of Jammu and Kashmir.
23. Constituent
Court as a
violation of the essential characteristics of the basic structure of the
Constitution, which is a limitation even on the power of Parliament ... review, therefore, is a basic and
essential feature of the Constitution and it cannot be abrogated without
affecting the basic structure of the Constitution
structure of the Constitution and it was held that as Article 226 of the Constitution was integral to the basic structure of the Constitution, Articles ... structure of the Constitution could not be altered by any Constitution amendment and it was held in unambiguous terms that one of the basic features
Parliament since they damage the basic or essential features of the Constitution or its basic structure. We do not pronounce upon the validity of such ... Constitution (42nd Amendment) Act does not damage any of the basic or essential features of the Constitution or its basic structure.
Since the impugned
Constitution. The judgment also
declares section 9 of the said Act as ultra vires the Constitution and
violative of the basic structure of the Constitution ... Constitution of India and
consequently violates the basic structure of the Constitution.
The learned single Judge of the High Court negatived the first
contention
which are subservient to the Constitution, to ensure that
the federal structure embodied in the Constitution as a
basic principle, is not disturbed by permitting ... said Articles of the Constitution, is an
integral part and essential feature of the Constitution,
constituting part of its basic structure. Therefore,
ordinarily, the power
Mahmadhusen Abdulrahim Kalota Shaikh vs Union Of India & Ors on 21 October, 2008
Author
Parliament
since they damage the basic or essential features of the Constitution or
its basic structure. We do not pronounce upon the validity of such ... Constitution (42nd Amendment)
Act does not damage any of the basic or essential features of the
Constitution or its basic structure.
Since the impugned
article 368(2) of the Constitution, which
recognizes the federal structure of the Constitution as one of the
basic structures, has not been followed ... Constitution and precluded a
judicial review of the Constitution Amendment Act, on any ground,
sought to destroy an essential feature or basic structure
