held that the said power was part of basic structure of the
Constitution as held in L. Chandra Kumar versus Union of India ... exercise jurisdiction under Article 227 was part of the basic
structure of the Constitution.
25. Thus, even though in dealing with different situations, seemingly
conflicting
concerned with the question whether the amendment infringed the basic
structure of the Constitution. It was held that equality is part of the
basic structure ... balance with the principle of secularism which is the basic
feature of the Constitution by bringing in the concept of creamy layer.
Views have often
Amita Banta And Another vs State Of Haryana And Others on 8 December, 2009
Author
position is substantially different
under a written Constitution such as the one which
governs us. The Constitution of India, which
represents the Supreme ... that no constitutional
amendment can be sustained which [violates the
basic structure of the Constitution. See Kesavananda
Bharati Sripadagalayaru v. State of Kerala
AIR1973SC1461
best and cannot be
exercised arbitrarily.
20. Judicial review is basic structure of the Constitution.
Its depth depends on nature of decision. No decision
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Bench
