Constitution.
ii) Whether by inserting Article 21A of the Constitution by the
Constitution (Eighty-Sixth Amendment) Act, 2002 , Parliament has
altered the basic structure ... Constitution. Mr. Rohatgi submitted that Article 19(1)(g) of the
Constitution is, therefore, a basic feature of the Constitution and this
basic feature
been assailed, by asserting, that the same violates the basic
structure of the Constitution of India (hereinafter referred to as, the
Constitution), by impinging ... rule of law, and judicial
review, constitute amongst others, the basic structure of the Constitution.
Article 323B inserted by the Constitution (Forty-second Amendment
pronounced with asseveration that democracy is the basic
and fundamental structure of the Constitution. There is no shadow of doubt
that democracy in India ... that democracy and free elections are a part
of the basic structure of the Constitution and, thereafter, proceeded to
lay down that democracy being
Constitution, and (2) it must not
offend against the provisions of Articles 13(1) and (2) of the
Constitution. 'Basic structure ... para 179)
"179. Democracy is a part of the basic structure of our Constitution; and
rule of law, and free and fair elections
said articles of the Constitution, is an
integral part and essential feature of the Constitution,
constituting part of its basic structure. Therefore, ordinarily,
the power ... power of judicial
review being an integral part of the basic structure of the
Constitution, no Act of Parliament can exclude or curtail the
powers
other words, Article 33 does not speak about the basic structure of
the Constitution. Learned counsel relied upon the decision of this
Court ... Constitution does not contemplate restricting or abrogating the basic
structure of the Constitution or the core values of the Constitution.
42. First
result in nullification of the basic
structure doctrine, the object of which is to protect basic
features of the Constitution as indicated by the synoptic ... canalised and not unbridled so as to
breach the basic structure of the Constitution. Equality of
opportunity in matters of employment being the constitutional mandate
Article 243D. It is further submitted that Part IX of
the Constitution has exhaustively specified the areas for
which a State Legislature, as local self ... vested
in the executive, which would be opposed to the basic
structure of the Constitution of India. Mr. Bhushan
emphasized that by permitting the provisions
that abrogates or
abridges such rights would be violative of the basic structure
doctrine. The actual effect and impact of the law on the rights ... determining whether or not it destroys the basic structure.
(ii) Article 21 of the Constitution in its broad perspective
seeks to protect the persons
extraordinary
jurisdiction under Article 32 of the Constitution of India, 1950
(hereinafter referred to as the ‘Constitution’) to remedy the concerns
that have arisen because ... nature of
mandamus declaring that “Fraternity” forms part of “Basic
Structure” of the Constitution;
d. Issue appropriate writ, order, decree in the nature of
mandamus
