State of Karnataka : (2011) 9 SCC,
Whether Article 300-A of the Constitution is
construed as providing for deprivation of property
without any compensation ... violation of Article 14 of the
Constitution, thus violating the basic structure of the
Constitution?
6. The learned Counsel would further point out that
contained in Article 329 (b) of the Constitution of
India. Thus, the writ petitions are maintainable.
14. Furthermore, the petitioners are justified in
claiming that ... structures of the Constitution of India.
Being the custodian of the Constitution, the Judiciary is
bound to safeguard the basic structures of the Constitution.
Therefore
Constitution
of India (as a quasi judicial authority) can be ordered by a
High Court, exercising its writ jurisdiction under Article 226
of the Constitution ... that a free and fair election and representative democracy are
basic structures of the Constitution of India. The speaker
ought to have decided the petition
upon the Government
of India."
18. Recently, the Parliament enacted the
Constitution (99th Amendment) Act, 2014 and the National
Judicial Appointments Commission Act, 2014 , which ... India, if the
Union could establish that the "basic structure" of the
Constitution, namely, the "independence of the judiciary"
would
2016
a gross and manifest failure of justice or the
basic principles of natural justice have been
flouted.
(h) In exercise of its power ... statute. It has been declared a part of the basic
structure of the Constitution by the Constitution
Bench of this Court in the case
which obviously would
include the rights conferred in Part III
of the Constitution. Whether there is a
contravention of any of the rights so
conferred ... power of judicial
review being an integral part of
the basic structure of the
Constitution, no Act of Parliament
can exclude or curtail the powers
even while invoking the provisions of Article
227 of the Constitution, it is provided that the High Court
would exercise such powers most sparingly ... judiciary has been considered as a part of the basic
structure of the Constitution and such independence is
postulated not only from the Executive
Mr. Shiva Madhu vs State Of Karnataka on 9 August, 2018
Author: B.Veerappa
Bench
Sri S Hareesh vs The State Of Karnataka on 27 April, 2018
Author: B.V
Renukambike R vs The State Of Karnataka on 9 March, 2018
Author: P.S.Dinesh
