preliminary
objection regarding the bar under Article 243-O of the
Constitution of India and locus of the writ petitioners, as also
the contention that ... Constitution which can neither be tinkered with nor
eroded. Even the Constitution cannot be amended to erode
the basic structure of the Constitution. Therefore
attempt to tamper with the fundamental Constitutional principles or
basic structure of the Constitution.
23. We are however deeply concerned with the safety and security
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
fundamental right of a citizen under Article 19(1)(g) of the Constitution to carry on his trade, occupation or business. The power thus would ... allowed to any Executive Authority. That would be against basic structure of the Constitution. The Constitution envisages trial of offences by an independent judiciary
basic tenet of Article 14 of the
Constitution. That apart, the provision is arbitrary
and unreasonable.
(c) The right to information is a basic human ... basic human right is
absolutely smothered and consequent of which the
growth of democracy is scuttled which affects the
basic structure of the Constitution
Constitution of India as it basically pertains to the
basic structure of the Constitution of India. When the language employed
under Sections
such exclusion basically smacks of arbitrariness and unreasonableness inviting the frown of the second limb of Article 14 of the Constitution of India ... contrary to the concept of democracy which is the basic structure of the Constitution and, therefore, the said provision is ultra vires.
7. We have
supra) by the
Constitution Bench, that the Constitutional power of remission provided
under Articles 72 and 161 of the Constitution will always remain
untouched, inasmuch ... held that judicial action forms part of the basic structure of the
Constitution. We can state with certain amount of confidence and
certainty, that there
The National Assn. Of The Deaf Through ... vs Union Of India And Another on 14
number of
occasions. The only unalterable provisions are the basic
structure of our Constitution. Merely because there is a
provision for amendment does not mean
