impugned
amendment and is, therefore, violative of the basic
structure of the Constitution. The said ... fundamental right of equality which is
part of the basic structure of the Constitution. The
petitioners say that the equality in the context of
Article
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
till the suitable law is
enacted; that one of the basic structures of our Constitution is
“republican and democratic form of government and,
therefore ... participation of people.
56. Free and fair election is a basic structure of the
Constitution and necessarily includes within its am-
bit the right
Supreme Court under Articles 226/227 and 32 of
the Constitution, are unconstitutional. Section
28 of the Act and the "exclusion of jurisdiction ... Article 32 of the Constitution is part of the
inviolable basic structure of our Constitution.
While this jurisdiction cannot be ousted, other
4
courts
basic and vital for the sustenance of parliamentary
democracy, which is a part of the basic structure of the Constitution.
The “reasonable restrictions” are those ... essential facet of constitutional law and
16
one of the structural principles of the constitution is that if the
restriction invades and infringes the fundamental
supra) by the Constitution Bench, that the
Constitutional power of remission provided
under Articles 72 and 161 of the Constitution
will always remain untouched, inasmuch ... that judicial action forms part of the basic
4
2015 (13) SCALE 165
17
structure of the Constitution. We can state with
certain amount
Recently, in Manoj Narula v. Union of India5 , majority view in
the Constitution Bench is to the following effect:-
“Democracy, which has been best defined ... pronounced with as-
severation that democracy is the basic and fundamental
structure of the Constitution. There is no shadow of doubt
that democracy in India
rule of
law, which is held to be the basic structure of the
Constitution and it is our view that, in the absence of
adequate
part of
the original Constitution and, therefore, the question which requires to
be posed is whether the framers of the Constitution have used ... basic
structure or judicial review would not apply as jurisdiction or
authority has not been conferred at the commencement of the
Constitution. As indicated earlier
Yogendra Kumar Jaiswal Etc. vs State Of Bihar . on 10 December, 2015
Author: Dipak Misra
