Constitution of India, consequently it hits basic structure of the Constitution.
4. Mr. Samaraditya Pal, learned senior Advocate, appearing for the writ petitioners has amplified ... that the provision of Section 9 is violative of the basic structure of the Constitution and in List-II of the 7th Schedule there
Article 14( and Article 16 ) amounts to violation
of the basic structure of the Constitution of India?
(5) If the provisions of sections ... State of Kerala?
POINT 1: Our Constitution is wedded to the concept of
equality and equality is a basic feature. Under Article
15(2) , there
Parliament since they
damage the basic and essential features of the Constitution
or its basic structure. The order in Waman Rao did not
pronounce upon ... that the amendment damages or destroys a basic or
essential feature of the Constitution or its basic structure
as reflected in Articles
with the Constitution.
43. Our Constitution is a written Constitution intertwined with separation of powers yet the same are defined by the Constitution itself. Power ... structure of the Constitution while the Constitution itself puts a restriction on each wing or pillar of the Constitution.
44. The scheme of Constitution which
Parliament since they
damage the basic and essential features of the Constitution
or its basic structure. The order in Waman Rao did not
pronounce upon ... that the amendment damages or destroys a basic or
essential feature of the Constitution or its basic structure
as reflected in Articles
gain saying that the judicial review is the basic structure of the Constitution and all actions of the Government or any other authority or holder ... petitioners that the rule of law is the basic structure of the Constitution. For maintenance of rule of law vesting judicial review in higher Constitutional
this Court on the ground that the same is a basic structure of the Constitution of India, directed that the applications should ... power of judicial review as the same is a basic structure of the Constitution of India. In fact, the law has clearly been laid down
with the passage of time and change of social
structure the same is however no longer dormant but
presently quite loud. This ... people of this country
gave ourselves a written Constitution, the basic structure
of which permeates equality of status and thus negates
gender bias
been raised based on the provisions contained in Article 243O of the Constitution of India stating that the Article bars interference by Courts in electoral ... Court under Article 226 of the Constitution is part of basic structure of the Constitution and the said power cannot be curtailed or whittled down
Article 32 of the Constitution is an integral and essential feature of the Constitution, constituting pan of its basic structure. Ordinarily, therefore, the power ... Tribunals within their respective jurisdictions is also part of the basic structure of the Constitution. This is because a situation where the High Courts