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
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
16103/2013 JUDGMENT
these articles would be opposed to the basic structure of the
Constitution and therefore should be declared as null.
Faced with ... this context, he argued that the law
breaches the basic structure of the Constitution.
Preamble to the said Act reads as under:
"Whereas
categorically ruled that the
'Basic structure' of the Constitution cannot be taken away even by Parliament by
way of constitutional amendment, invoking Article ... High Courts under Article 226 , which are held as basic structure of the
Constitution, in addition to the vital aspects like Parliamentary Democracy,
Secularism
result in nullification of the basic
structure doctrine, the object of which is to protect basic
features of the Constitution as indicated by the synoptic ... canalised and not unbridled so as to
breach the basic structure of the Constitution. Equality of
opportunity in matters of employment being the constitutional mandate
struck down on the ground of violation of basic structure of the constitution and also held that the Judgment of the Court cannot be nullified ... executive order as it affects the basic structure of the Constitution of India.
(c) The learned single Judge/writ Court in this case has relied
included in
Ninth Schedule relatable to Article 31B of
the Constitution:
10.Article 31B is a constitutional device to place
the statutes included ... Part III of the Constitution;
however without affecting the basic structure of
the Constitution, but sub-serving the
constitutional purpose. The substance of Article
within limitations set by the
Constitution or fundamental rights enshrined in Part III of the
Constitution or basic structure of the Constitution. The Court
result in nullification of the basic
structure doctrine, the object of which is to protect basic
features of the Constitution as indicated by the synoptic ... canalised and not unbridled so as to
breach the basic structure of the Constitution. Equality of
opportunity in matters of employment being the constitutional mandate
National Legal Ser.Auth vs Union Of India & Ors on 15 April, 2014
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