Gustadji vs Nevil on 5 May, 2011
Author: S.J. Mukhopadhaya
Bench: S.J. Mukhopadhaya
principle
of separation of powers which are the basic structure of the
constitution.
3. The grievance of the petitioner in first writ petition is that
Constitution, recognized that in exceptional
cases, the court can exercise powers of judicial review, which is
the basic structure. It was observed that ordinarily court ... Court can exercise the power of judicial
review, which is a basic structure of the situation in such cases
more particularly, in the election process
there has been a gross and
manifest failure of justice or the basic principles of natural
justice have been flouted.
::: Downloaded on - 09/06/2013 ... statute. It has been declared a part of
the basic structure of the Constitution by the Constitution Bench
of this Court in the case
maintainable before High Court under Articles
226 & 227 of the Constitution of India against an order of arbitral
Tribunal passed in a petition filed ... held that a basic structure cannot be amended by the
Parliament by exercising its plenary power of amending the Constitution.
The High Court
2013 17:20:36 :::
WP. 1691-94
- 21 -
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
Supreme
Court under Articles 226/227 and 32 of the Constitution, are
unconstitutional. Section 28 of the Act and the "exclusion of
jurisdiction ... Constitution is a part of the inviolable basic structure of
our Constitution. While this jurisdiction cannot be ousted, other
courts and Tribunals may perform
judiciary is one of the basic
features of the Constitution of the Republic. It was held that Indian
Constitution has zealously guarded independence of judiciary ... Rule of law and
judicial review are basic features of the Constitution. As its integral
constitutional structure, independence of the judiciary is an essential
attribute
divests the High Courts of their
jurisdiction under Article 226 of the Constitution, it is
unconstitutional because the power of judicial review vested in this ... integral and essential feature of the
Constitution constituting part of its basic structure; it has
nevertheless concluded that the Tribunals will continue
there has been a gross and manifest
failure of justice or the basic principles of
natural justice have been flouted.
(h) In exercise ... statute. It has been declared a part of the
basic structure of the Constitution by the
Constitution Bench of this Court in the case