Article 19(1)
(g). Therefore, Parliament introduced Article 15(5) by the
Constitution (Ninety-third Amendment) Act to enable the State to
make special provisions ... take away the "basic structure" of the
Constitution. The "basic structure" of the Constitution should not be
trivialised to mean other
Indian Polity.
7. Therefore, these are the some of the basic structures of the
Constitution of India as explained and as held ... Directive Principles of State Policy to be the basic structure of
the Constitution of India and, of course, the very heart of the Constitution
created by
any rule framed under Article 309 of the Constitution. It is not a constituted
service. But, nevertheless since the Government took over ... mind social justice, which is the fabric of the Indian Constitution. The basic
structure of the Constitution includes equal opportunity in public employment.
The division
created by
any rule framed under Article 309 of the Constitution. It is not a constituted
service. But, nevertheless since the Government took over ... mind social justice, which is the fabric of the Indian Constitution. The basic
structure of the Constitution includes equal opportunity in public employment.
The division
obliterated by the impugned amendments so as to violate the basic structure of the Constitution.
25. The Apex Court proceeded to answer the aforesaid question ... case, there is no violation of the basic structure by any of the impugned amendments, including the Constitution (Eighty-second) Amendment Act, 2000 . The constitutional
rights and directive principles is an essential feature of the basic structure of the Constitution.
62. This is not mere semantics. The edifice ... parts will ipso facto destroy an essential element of the basic structure of our Constitution.
112. ... But merely because the Directive Principles are non-justiciable
rights and directive principles is an essential feature of the basic structure of the Constitution.
62. This is not mere semantics. The edifice ... parts will ipso facto destroy an essential element of the basic structure of our Constitution.
112. ... But merely because the Directive Principles are non-justiciable
basic feature of our Constitution then no
mandamus can be issued by the Courts to violate the rule of
equality or the basic structure ... have entered into service in violation of the
rules and basic structure of the Constitution as envisaged by Articles
held that in the matter of application
of the principle of basic structure, twin tests have to be
satisfied, namely, the "width test ... impugned constitution amendments. There is no
violation of the basic structure of the Constitution by any
of the impugned amendments. The impugned
constitutional amendments
that such amendment does not in any way affect the basic structure of the Constitution and it was within the competence of the Parliament
