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
these concepts are now elevated [pic]to the level of basic
structure of the Constitution and are the very heart of the constitutional
scheme ... both the concepts having been elevated to the level of basic structure of
the Constitution and are the very heart of the Constitution scheme.
Having
virtue of the aforestated amendment and
enactment of the Act, basic structure of the Constitution of India has been
altered and therefore, they should ... writ petitions) to be a part of the basic structure of the Constitution),
should continue or not continue. The impression in peoples mind would
till the suitable law is
enacted; that one of the basic structures of our Constitution is
"republican and democratic form of government and, therefore ... participation of people.
56. Free and fair election is a basic structure of the Constitution and
necessarily includes within its ambit the right
Manoj Narula v. Union of India [5], majority view in the
Constitution Bench is to the following effect:-
“Democracy, which has been best defined ... pronounced with asseveration that
democracy is the basic and fundamental structure of the Constitution. There
is no shadow of doubt that democracy in India
Doctrine of Separation of
Powers which was the basic feature of the Constitution of India. What we
are emphasising is that the petitions spearheaded ... traditionally performed by the Courts, to the Tribunals offended
the basic structure of the Constitution and summarised the position in this
behalf as under
DAVE, J.
1. In this group of petitions, validity of the Constitution (Ninety-
Ninth Amendment) Act, 2014 and the National Judicial Appointment Commission ... virtue of the aforestated amendment and
enactment of the Act, basic structure of the Constitution of India has been
altered and therefore, they should
status and the basic norms regarding the
establishment and administration of a three-tier Panchayati Raj
institutions be provided under the Constitution. Hence, the 73rd ... such as equality, democracy and fraternity, which are part of the basic
structure doctrine”.[17]
28. The decision in PUCL case was unfortunately not noticed
D.N. Jeevaraj vs Chief Sec., Govt. Of Karnataka & Ors on 27 November, 2015
Shreya Singhal vs U.O.I on 24 March, 2015
Equivalent citations: AIR 2015 SUPREME
