facet of Article 14 , is part of the basic structure of the Constitution. The position emerging from Kesavananda Bharati [(1973) 4 SCC 225 : 1973 Supp ... ultra vires the basic structure. Sikri, C.J. laid stress on the basic features enumerated in the preamble to the Constitution and said that there
8306 of 2018
void, ultra vires and against the basic structure of the Constitution of
India.
For Petitioner : Mr.A.Kannan ... power of
judicial review is also part of the basic structure of the Constitution of
India, the said provisions should be declared as ultra virus
Representation of the People
Act, 1951 as violative of the basic structure of the
Constitution;
(B) Issue a writ of mandamus or any other writ ... said provision of the Act is violative of
the basic structure of the Constitution. For ready reference, Section 62
(5) of the Act reads
2386 of 2020
destroy the Secularism and Basic Structure of the Constitution of India ... Citizens-
National Population Register which destroy the Secularism and Basic
Structure of the Constitution of India
determining whether or not it destroys the basic structure.
(ii) Article 21 of the Constitution in its broad perspective seeks to protect the persons ... 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
judicial review is the basic feature
of the Constitution, it is an integral part of the Constitution and its
basic structure, consequently the powers under ... inherent part of the basic structure and it cannot
be abrogated without affecting the basic structure of the
Constitution. As aptly observed in the Kerala
feature of any democracy
and therefore forms part of the basic structure of the
Constitution.
Further voters have a fundamental right to know and
have ... doubt true that democracy is a
part of the basic structure of the Constitution and
periodical, free and fair election is the substratum of
democracy
feature of any democracy
and therefore forms part of the basic structure of the
Constitution.
Further voters have a fundamental right to know and
have ... doubt true that democracy is a
part of the basic structure of the Constitution and
periodical, free and fair election is the substratum of
democracy
objects."
[32] It emerges from the objects and reasons of the
Constitution (52nd Amendment) Bill, as quoted above, that
WP(C)(PIL)3/2020 ... follows:
"179. Democracy is a part of the basic structure of
our Constitution, and rule of law; and free and fair
elections are basic
Mehsana District Cooperative Milk ... vs Registrar, Co-Operative Societies, ... on 6 November, 2020
Author: A
