Article 226 of the
Constitution is plenary in nature, and is not limited by any other
provisions of the Constitution. ( ABL International Ltd v. Export ... integral and essential feature of the Constitution constituting a
part of its basic structure. ( L. Chandra Kumar v. Union of
India ). Article
National Legal Ser.Auth. vs Union Of India . on 15 April, 2014
Author: K.S
override the power of judicial review
conferred under Article 226 of the Constitution of India. He urged that
the power to transfer the cases from ... independence of the judiciary are the facets of basic structure of the
Constitution as held in the case of Kesavananda Bharat Sripadagalvaru
v. State
that
abrogates or abridges such rights would be violative of the
basic structure doctrine. The actual effect and impact of
the law on the rights ... determining whether or not it
destroys the basic structure.
(ii ) Article 21 of the Constitution in its broad
perspective seeks to protect the persons
override the power of judicial review
conferred under Article 226 of the Constitution of India. He urged that
the power to transfer the cases from ... independence of the judiciary are the facets of basic structure of the
Constitution as held in the case of Kesavananda Bharat Sripadagalvaru
v. State
override the power of judicial review
conferred under Article 226 of the Constitution of India. He urged that
the power to transfer the cases from ... independence of the judiciary are the facets of basic structure of the
Constitution as held in the case of Kesavananda Bharat Sripadagalvaru
v. State
referred in clause (1) of Art.30 of
the Constitution is ultra vires the
Constitution. We are thus of the view that
the majority judgment ... well as Article 21A in the
Constitution does not alter the basic structure or frame work
of the Constitution and the same are constitutionally valid
Articles 323A and 323B of the Constitution in the
matter of constitution of such Tribunals came up for
consideration before this Court ... further held that power of judicial review
being the basic structure of the Constitution cannot be
taken away.
We, therefore, are clearly of the opinion
Constitution, so also the
Supreme Court under Article 32 of the Constitution, is exercising judicial
powers. Duties and powers conferred by the Constitution ... cannot be taken away by the Parliament, being the basic structure
of our Constitution, like Parliamentary democracy, independence of judiciary,
rule of law, judicial review
referred in clause (1) of Art.30 of
the Constitution is ultra vires the
Constitution. We are thus of the view that
the majority judgment ... well as Article 21A in the
Constitution does not alter the basic structure or frame work
of the Constitution and the same are constitutionally valid
