Constitution constitute the
basic structure; that, basic structure is not found in a
particular Article of the Constitution; and except the
fundamental right to live ... context of the doctrine of basic
structure. The concept of a basic structure giving
coherence and durability to a Constitution has a certain
intrinsic force
according to the petitioner violates the
principle of Federalism, a basic structure of the Constitution.
In the writ petition, there is a further challenge ... federal principle, social
pluralism and pluralist democracy which
form the basic structure of our
Constitution demand that the judicial
review of the Proclamation issued under
according to the petitioner violates the
principle of Federalism, a basic structure of the Constitution.
In the writ petition, there is a further challenge ... federal principle, social
pluralism and pluralist democracy which
form the basic structure of our
Constitution demand that the judicial
review of the Proclamation issued under
Constitution constitute the
basic structure; that, basic structure is not found in a
particular Article of the Constitution; and except the
fundamental right to live ... context of the doctrine of basic
structure. The concept of a basic structure giving
coherence and durability to a Constitution has a certain
intrinsic force
basic to our
constitution. In Keshavananda Bharati v. State of Kerala ,
it was ruled that even constitutional amendments which
offended the basic structure ... ultra vires the basic structure. Sikri, CJ. laid stress on the
basic features enumerated in the preamble to the
Constitution and said that there were
basic to our
constitution. In Keshavananda Bharati v. State of Kerala ,
it was ruled that even constitutional amendments which
offended the basic structure ... ultra vires the basic structure. Sikri, CJ. laid stress on the
basic features enumerated in the preamble to the
Constitution and said that there were
Court considered the basic structure theory in paragraph
107 of the Judgment and held as under:
"107. The basic structure theory imposes limitation ... amend the
Constitution. An amendment to the Constitution
under Article 368 could be challenged on the
ground of violation of basic structure of the
Constitution
this Court clearly held that a delegate cannot act contrary to the
basic feature of the Act stating:
"..The words ... extend to scrapping of the
Constitution or to altering the basic structure of the
Constitution. Applying the principle of the
decision, it must be held
FERA in the Ninth Schedule was violative of the basic
structure of the Constitution, at the time of hearing, Mr.
K.K. Venugopal, learned senior ... Articles 14 and 21 amounted to a violation of the basic
structure of the Constitution, namely, the rule of law, and
the court
certain situations have to be considered as the
basic structure/features of the Constitution of India. We do not mean to say
that all violations ... Article 16 may be held to be violative of the basic
structure of the Constitution. {See Waman Rao vs. Union of India
