basic structure of the Constitution? if so,
can the 103rd Constitution Amendment be said to breach the basic
structure of the Constitution ... mainstream of society and,
therefore, reservation structured singularly on economic criteria violates
the basic structure of the Constitution of India?
(b) As to whether
authority under Article 12
of the Constitution would undermine the basic structure of the Constitution
which engulfed the powers of the High Court under Articles ... Constitution was validly held and does not violate the
basic structure of the Constitution relating to the State maintained
MAT 1278
Supreme Court under Articles 226/227 and 32 of the
Constitution, are unconstitutional. Section 28 of the Act and the "exclusion of
12
jurisdiction ... Article 32 of the Constitution is part of the inviolable basic structure
of our Constitution. While this jurisdiction cannot be ousted, other courts and
Tribunals
taken away
as they are the integral part of the basic structure.
However, the Constitution Bench held that those
Tribunals act as a Court ... Constitution and of this Court under Article 32 of the
Constitution is a part of the basic structure of our Constitution
(See paragraphs
their locus standi,
the appellants referred to the decision of the Constitution Bench
of this Court in the case of L. Chandra Kumar v. Union ... Constitution and of this Court under Article 32 of the
Constitution is a part of the basic structure of our Constitution
(See paragraphs
High Court in exercise of power under
Article 226 of the Constitution of India should take
up the original application in the guise ... Article 226 of the
Constitution of India is retained as basic structure of
the Constitution. Unless the Court of first instance
takes a decision
held that the power of judicial review
itself being a basic feature of the Constitution, the writ courts could
32
issue appropriate writ, directions ... said articles of the Constitution, is an integral part and
essential feature of the Constitution, constituting part of its basic
structure. Therefore, ordinarily, the power
wherein it was held that though
under Article 243-O of the Constitution all election
disputes must be determined by way of an election
petition ... judicial
review which is the basic structure of the Constitution.
In the matter of L. Chandra Kumar (supra) the
seven Judges Bench
that the Writ Court's jurisdiction
under Article 226 of the Constitution of India is not
2
automatically barred, for availability of an efficacious ... Tribunals.
The right to judicial remedies is part of the basic
structure of the Constitution of India. The non-
availability of a statutory Tribunal cannot
supra) has held that, death penalty does
not violate the basic structure of the Constitution. It has observed
that Section 354 (3) of the Criminal
