ground that they do not violate the
basic structure of the Constitution. According to him, since equality is
part of the basic structure, and Nagaraj ... were
under challenge on the ground that they violated the basic structure of
the Constitution. After referring to the arguments of counsel for both
sides
separation
of powers, the nine-Judge Bench referred to the basic structure
doctrine laid down in Kesavananda Bharati (supra) by the
majority and the reiteration ... held that the
separation of powers is part of the basic structure of
the Constitution. Even before the basic structure
doctrine became part of constitutional
this has been held to be
a part of the ‗basic structure‘ of the Constitution, immune to
amendment, with the Supreme Court of India declaring ... score that they form
a part of the basic structure of the Constitution, it is that India is a
Sovereign Democratic Republic.
37. The Commission
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
rule of
law, which is held to be the basic structure of the
Constitution and it is our view that, in the absence of
adequate
Shafin Jahan vs Asokan K.M. on 8 March, 2018
Equivalent citations: AIRONLINE 2018 SC
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