amending power granted by Article 368 , the essential features -
the basic structure - of the Constitution is beyond such powers of
Parliament. The power to make ... changes to the basic structure of
the Constitution vests only in the people sitting, as a nation,
through its representatives in a Constituent Assembly
introduced by amending Act 1 of 1974,
violates the basic structure of the
12
Constitution, in so far as it confers
power on the Executive ... violation
of Article 14 of the Constitution, thus
violating the basic structure of the
Constitution?
Part-I
We will first examine the validity of Section
promises. And that is the motive force that informs
the basic structure of our Constitution. Our fealty to that motive force is as
sacred ... minority unaided institutions, would be unconstitutional and
violative of the basic structure of the Constitution. In particular he relied on
the sole opinion of Bhandari
Ram Jethmalani & Ors vs Union Of India & Ors on 4 July, 2011
Author
therefore clearly violative of the basic
structure doctrine."
16. In a subsequent Constitution Bench decision of
this Court in L. Chandra Kumar v. Union ... cannot be
challenged on the ground it violates the
basic structure of the Constitution, it
can be challenged as violative of
constitutional provisions which enshrine
property under
Article 300-A is not a basic feature or structure of
the Constitution. It is only a constitutional right...
...The principle of unfairness
four opinions,
the Constitution Bench formulated the following common order on which
there was unanimity :-
"668. The Constitution (Ninety-third Amendment ... valid and
does not violate the "basic structure" of the Constitution so far as it relates
to the State-maintained institutions and aided
Rajiv Sarin & Anr vs State Of Uttarakhand & Ors on 9 August, 2011
Equivalent
M/S Delhi Airtech Services Pvt. ... vs State Of U.P. & Anr on 18
power-
system. Some view it entirely as a legal structure, either in the
old Austinian sense which made it a relationship of governors
and governed ... Constitution (Forty-second Amendment) Act, 1976 . The idea of
welfare State is ingrained in the Preamble of the Constitution. Part III of the
Constitution enumerates
