held that the said power was part of basic structure of the
Constitution as held in L. Chandra Kumar versus Union of India ... exercise jurisdiction under Article 227 was part of the basic
structure of the Constitution.
25. Thus, even though in dealing with different situations, seemingly
conflicting
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
that the
insertion of Article 239AA was intended to eradicate the
hierarchical structure which functionally placed the
Lieutenant Governor of Delhi in a superior position ... NCTD. Democracy
being one of the facets of the basic structure of the
Constitution, the Sixtyninth amendment was aimed at
furthering democracy in Delhi
reiterated that the Judicial independence is the
very essence and basic structure of the Constitution. In
paragraph 34 and 35, following has been held ... basic
features of the Constitution of the Republic.
Indian Constitution has zealously guarded
independence of Judiciary is doubtless a basic
structure of the Constitution
federal character of the Constitution is one of
40
the basic structures of the Constitution.
40. Shelat and Grover, JJ. while delivering concurring
opinion ... Constitution has all
essential elements of federal structure. In para 486 following
was stated: ( Kesavananda Bharati case, SCC pp. 40809)
“486. The Constitution
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
position is substantially different
under a written Constitution such as the one which
governs us. The Constitution of India, which
represents the Supreme ... that no constitutional
amendment can be sustained which [violates the
basic structure of the Constitution. See Kesavananda
Bharati Sripadagalayaru v. State of Kerala
AIR1973SC1461
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
Tribunals.
In the said case, reference was made to the earlier Constitution Bench
judgment in the Union of India v. Madras Bar Association ... held to be a part of the basic structure of the
Constitution.
27. In the context of the functions to be carried out under
