apart from exercis-
ing its supervisory jurisdiction under Article 227 of the Constitution of
India has a duty to exercise continuous superintendence over the judicial ... within their respective juris-
diction is also a part of basic structure of the Constitution. Counsel also
submitted that the limitation to restrain
integral and
essential feature of the Constitution, constituting a part of its basic
structure. ( L. Chandra Kumar v. Union of India2 ). Article ... Constitutional provision, as it forms part of the basic structure of the
Constitution, it does not stand to reason that the power of judicial review
integral and
essential feature of the Constitution, constituting a part of its basic
structure. ( L. Chandra Kumar v. Union of India2 ). Article ... Constitutional provision, as it forms part of the basic structure of the
Constitution, it does not stand to reason that the power of judicial review
same constitutional postulates, it cannot be said that
the framers of the Constitution considered death sentence for murder
or the prescribed traditional mode ... that death penalty for the offence of
murder violates the basic structure of the Constitution.”
(emphasis supplied)
Sarkaria, J. then considered the question whether
Patwalia referred to Article 233(2) of the
Constitution and the decision of this Court in Chandra Mohan4 and
submitted that a person already employed ... simultaneously. It was submitted that independence of judiciary is the
basic structure of the Constitution. The Public Prosecutors holding a
regular post in regular
Articles 323-A and 323-B of the Constitution in the matter of
constitution of such Tribunals came up for consideration before
this Court ... further
held that power of judicial review being the basic structure of the
Constitution cannot be taken away.
50. We, therefore, are clearly
Articles 323-A and 323-B of the Constitution in the matter of
constitution of such Tribunals came up for consideration before
this Court ... further
held that power of judicial review being the basic structure of the
Constitution cannot be taken away.
50. We, therefore, are clearly
having more than one domicile.
26. Another useful decision would be the Constitution Bench decision
of the Supreme Court reported ... according to the petitioner violated the principle of federalism; a basic
structure of the Constitution as per the petitioner. There was a further
challenge
judiciary has been considered as a part of the basic
structure of the Constitution and such independence
is postulated not only from the executive ... 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
Chandran Ratnaswami vs K.C. Palanisamy & Ors on 9 May, 2013
Equivalent citations: 2013