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
Jurisdiction of the High Court under Articles 226/227 of
the Constitution of India is a jurisdiction declared by the
Apex Court in the case ... Court
under Articles 226/227 of Constitution of India could not be
ousted by statute applying basic structure principle and
accordingly observed that the Tribunal
provisions of Article 30 and the other relevant provisions of the Constitution of India.
10. It had also been stated that the petitioner had challenged ... India is an absolute right, being a part of the basic structure of the Constitution and therefore, any regulation interfering with the right
apparent and must be removed, as it would offend the basic structure of
our Constitution. He relied on the following decisions :-
a)All India Reporter
Court under Article 226 and 227 is one of the
basic structure of the Constitution and this cannot be taken away by any Legislation
orders, there is always judicial review available under Article 226 of the Constitution. As it has already been held in the judgment in L.Chandrakumar ... power conferred on this Court is plenary power and basic structure of the constitution. Therefore, merely because there is a bar of jurisdiction by Court
Court under Sections 226 and 227 is a basic structure and
inviolable part of the Constitution. Hence in a fit case the writ petition
other fundamental
freedoms and that it does not violate the basic structure of the
Constitution
petitioners
before taking any adverse order which is one of the basic
foundations of the principles of natural justice.
It is no doubt true that ... ground of equality as the same is the basic
structure of the Constitution. The privation of the other
5
eligible candidates on technicality should
Constitution of India,
granting every person a power to seek remedy against infringement of
fundamental right under Part III of the Constitution ... such a manner as
to come in conflict with the basic structure of the Constitution of India. This
observation cannot, in our humble understanding